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COPYRIGHT DEPOSIT. 



MtiXU gistort) levies 



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UNIVERSITY PUBLISHING COMPANY 

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Best Modern Text=Books. 

HOLMKS' READEUS AND SPEI.l.EU. 

Lippincott's Readers and Speller. 

Davis' Headers. 

Vexable's Arithmetics and Algebras. 

Sanfokd's Arithmetics and Algebra. 

NrcHOLSoN's Arithmetics and Algebra. 

Maury's Geographies. 

Maury's Wall Maps. 

Hansell's History op the I'mted States. 

Holmes' History of the United States. 

LOWRY AND McCaRDLE'S HISTORY OF MISSISSIPPI. 

Gildersleeve's Latin IJooks. 
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PEEFAOE. 



This volume which is now offered as a text-book to the teachers of our 
State has not been condensed from our hirger History of Mississippi, but 
is an entirely different book, written from a different standpoint, for a 
different purpose, and in a different style. We have used the accurate 
data collected in the preparation of our larger work, but have endeav- 
ored to weave this material into a simple story, written from the stand- 
point of a teacher, for the purpose of class instruction, and in a style 
that would be attractive to the boys and girls of Mississip})i. Tliese 
l»oys will in time become the sovereign people of Mississippi. They 
must nuike lier laws, shape her policy, guard her honor, and maintain 
iier high rank among the States of the Union. A knowledge of the 
legislation and policy of the past is a most important jjreparatioii for 
the wise exercise of this sovereignty. With such a knowledge they 
will profit by the experience of their fathers, avoiding the mistakes and 
emulating the wisdom of those who have gone before them. A knowl- 
edge of tlie past history of the State, brilliant with the illustrious names 
and heroic deeds of her gallant sons, will nuike their hearts thrill with 
])ride and patriotism, and inspire in early youth a firm resolution to sus- 
tain the honor, promote the welfare, and add to tlie fame of Mississi[»[)i 
among her sister States. 

Especial care has been taken to n\ci\<c this volume accurate. Notliiug 
sliould be taught as history except what is history, and the statements 
which are here i)resented have all been verified by direct reference to the 
best authorities. We are ready to fui-nish these authorities to sustain 
any point. 

As this Ijook is to be placed in the hands of children, we have care- 
fully avoided unusual words and complicated sentences. The grade is 
about the same as that of the ordinary Fifth Reader; and in large schools. 
where the teacher is pressed for time, it can follow the Fourth Iveader 
and be used Ijy classes as a text-book in reading. For the convenience of 
teachers we have added sug.g^stive questions at the close of each chapter, 
which may be used at discretion. ^Many ad<litional (piestions can l»e 
asked with advantage, not only to draw out what the i)upil knows, but 
to awaken thought and impress points of interest. 



4 PREFACE. 

Ma[)s are as necessary to a history as to a geography. Jiiul in ilie history 
of Mississippi they are especially important. It is impossible for a stu- 
dent to form a correct idea of what Mississippi was when a part of Brit- 
ish Florida, or when it was first organized as a Territory, or even when 
it was fi]-st admitted as a State, except with tlie aid of a map. It is 
recommended that pupils be required to reproduce each map, drawing 
it from memory, and that teachers ask such map questions as will thor- 
oughly impress the geography of that particular time. 

The pictures which we present are intended to be instructive as well as 
attractive. The ships of De Soto are faithful representations of tlie 
Spanish ships of the time. The fleet of Pakenham is taken from paint- 
ings made in 1812. The flag of France, and the uniform of the" Fi'ench 
soldier, in 1599 ; the flag of England, and the uniform of the English 
soldier, in 17G3 ; the flag of Spain, and the uniform of tlie Spanish 
soldier, in 1781 ; the flag of the United States, and the uniform of the 
American soldier, in 1817, are all faithfully reproduced in the pictures. 
The picture of Fort Maurepas is reproduced from D'Iberville's ground 
plan and description, and the })icture of Fort Rosalie is reproduced from 
the ground plan and description of an English engineer published in 
1740 and found in the Astor Library. 

Xo attempt has been made to give a complete history of the war. 
The narrow limits of a State history would not permit this. We have, 
therefore, been content with presenting such an outline as will give the 
pu})il a general idea of the whole contest, and have given full details 
only of the j)rincipal battles on Mississippi soil, and of the prominent 
part sustained by Mississippi soldiers in other fields. 

In conclusion, we beg to tender our sincere acknowledgment to Mr. 
C. L. Patton, vice-president of the University Publishing Company, for 
his good offices in the i)reparation of maps, illustrations, etc. He has 
manifested a personal interest in the arrangement of the book, in secur- 
ing its accuracy, and in perfecting it as a text-book. His long experi- 
ence in school books has been most generously extended to us, for which 
we return our warmest thanks. 



This book is one of a small first edition printed hurriedly without 
submitting all the proof sheets to the authors. As a consequence, they 
did not have opportunity to correct the errors. They have since noted 
these changes, which have been made in the plates : — 

Page 97, line 4 from bottom, for "Jackson" read WasJmigton. 



" 102, 


" 12 ' 


' " " "telegram" " despatch. 


" 191, 


- 12 ' 


top, for "June" read May. 


" 191, 


" 13 ' 


" "Sykes" read Autry. 


" 223, 


" 4 ' 


bottom, for "Clark" vead Humphreys. 


" 236, 


'' 13 ' 


" " " Fourteenth " read Fortieth. 


" 240, 


" 2 ' 


" " "])Tesides" lesid has presided. 


" 249, 


" 3 ' 


top, for "in his home at Beauvoir," read 


ill New Orleans. 







[Teacher will confer a favor by having these 
corrections made in pencil.] 



CONTENTS. 



EPOCH I.— Discovery and Early Explorers. 

Chapter Page 

1. Hernando de Soto. — Ponce de Leon. — Pamfilo de Xarvaez, . 7 

2. De Soto's Expedition. — He enters Mississippi. ... 10 

3. Death of De Soto. — Joliet and Marquette, . . . .14 

4. La Salle's Expedition. — France acquires Louisiana, . . 18 

EPOCH II. -Under the Lilies of France. 

5. Expedition under Iberville. — Settlement at Biloxi, . . . 2H 

6. Visit to the Natchez. — Bienville a Governor. — C'rozat, . 28 

7. John Law and the Mississippi Company. — Fort Rosalie, . . 32 

8. Bienville again Governor. — Lidians. — Peace of Paris, . 80 

EPOCH III.— Under the Crimson Cross of England. 

9. Mississippi a Part of West Florida. —Rapid Growth, . . 44 

10. Governor Chester. — West Florida during the Revolution. , 49 

EPOCH IV.— Under the Broad Banner of Spain. 

11. Spanish Rule in West Florida, 55 

12. Georgia's Claims.— Treaty with Spain. — Boundaries, . . 61 



EPOCH V. -Under the Stars and Stripes. 



07 

73 

80 

85 

91 

97 

101 

106 

111 



13. Mississippi Territory Organized. — Governor Sargent. 

14. Governors Claiborne and Williams. ..... 

15. Governor Holmes. — War of 1812, ..... 

16. Lidian Wars. — Battle of New Orleans 

17. Preparing for Statehood. — The First Constitution, . 

18. Mississippi a State. — Governor Holmes. — 1817 to 1820, 

19. Governor Poindexter.— 1820 to 1822, . . . . 

20. Governors Leake and Holmes.— 1822 to 1820. 

21. Governor Brandon.— Treaty with Choctaws.— 1828 to 1832, 

22. Governor Scott. — Constitutional Convention. — Chickasaw Ces 

sion.— 1832 to 1834, 

23. The Indian Tribes of Mississippi, 

24. Governor Scott. — Political Parties. — Governor Runnels. — 1834 

to 1836 127 

25. Governor Lvnch. — Growth and Development. — Chickasaw Coun- 

ties.— The Union Bank.— 1836 to 1838 131 

26. Governor McNutt.— Union Bank Bonds.— 1838 to 1842, . 136 

27. Governor Tucker. — William Graves. — Jetferson Davis enters 

Political Life.— 1842 to 1844, 141 

28. Governor Brown.— State Universitv.— 1844 to 1846, . . 145 

29. Governor Brown (concluded).— :Mexican Wai-.- 1846 to 1848. . 149 



117 
122 



(, Contents. 

CuAPTKU Page 

30. Governor Matthews.— Chickasaw School Fund.— 1848 to 1850, 154 

81. Governor Quitman.— Resistance to Compromise.— 1850 to 1852, 157 

32. Governor Foote.— Lunatic Asvhim.— 1852 to 1854, . . .162 

33. Governor McRae.— Railroads.— Political Parties.— 1854 to 1858, 166 

34. Governor Mc Willie.— Educational Procuress.— 1858 to 1860, . 171 

35. Governor Pettus. — National Election of 1860. — Mississippi Se- 

cedes.— 1860-1861, 176 

EPOCH VI.— Under the Stars and Bars. 

36. Montgomery Convention. — Preparations for War. — 1861, . 182 

37. War on Mississippi Soil.— Corinth.— Holly Springs. — Attempts 

against Vicksburg. — Jackson. — 1862 189 

38. War on Mississippi Soil. — Baker's Creek. — Bi^ Black. — Siege of 

Vicksburg. — Mississippi Soldiers in Virginia, . . . 195 

39. Governor Clark. — Meridian. — Georgia Campaign. — Wall hall. 

—Stephen D. Lee.— 1864-1865, 201 

40. The Sui-render.- Arrest of Governor Clark.— Appointment of 

Governor Sharkey. — Convention of 1865, .... 207 

41. Governor Humphreys. — Status of Mississippi. — Commission- 

ers Visit Washington.— October, 1865, to 1867, . . .218 

42. Reconstruction. — Convention. — Military Government. — Read- 

mission of the State.— 1867 to 1870 219 

EPOCH VII. -Back under the Old Flag. 

43. Governor Alcorn. — R. C. Powers becomes Governor. — 1870-1874, 223 

44. Governor Ames. — Taxpavers' Convention. — Impeachment 

Tiials.— 1874-1876, . ' 228 

45. Governor Stone.— A. and M. College.— 1876 to 1882, . . 235 
4(). Governor Lowry. — Railroad Commission. — Last Visit of Jeffer- 
son Davis.— 1882 to 1890, 242 

47. Governor Stone. — Constitutional Convention. — Education. — 

The Unveiling of the Confederate Monument, . . . 250 

APPENDIX. 

Physical Geography, Geology, and Natural Resources of Mississippi, 255 

Table showing Counties, County Sites, and Population, . . 260 

Table showing tlie Governors of the State 262 

(Constitution of Mississippi, adopted in 1890, . . . . i 

Constitution of the United States lix 

LIST OF MAPS. 

1. De Soto's Route, . . . * 11 

2. British West Florida, 45 

3. Mississippi Territory in 1792, 68 

4. IMississippi in 1817, showing Counties and Indian Tribes. . . 94 

5. Regional Map showing Peculiarities of Surface and Soil, . 258 

6. Count v Map of Mississippi in 1892, .... Frontispiece 



HISTORY OF MISSISSIPPI. 

EPOCH I. 

Discovery and Early Explorers. 

CHAPTEK I. 

HERNAXDO DE SOTO. — POXCE DE LEOX. — PAMFILO DE 
XARVAEZ. 




DK SOTO's SHIPS IN TAMPA RAV. 1538. 



The discovery of the imperial Mississippi River by Hernando 
de Soto and his warlike followers, in May, 1541. marks the 
beginning of the first epoch in the history of the prond and 
prosperons commonwealth l)oai'ing the name of the great river 



8 HISTORY OF Mississippi. 

which laves its western border for a distance of more than three 
hundred miles. 

The discoverer of the world's mightiest river was born in 
a small town in Spain, in the year 1496, only four years after 
Christopher Columbus had rendered his name immortal by the 
discovery of America. 

Hernando de Soto was descended from a noble but decayed 
and impoverished family, and was indebted, in his youth, to 
the generous kindness of Pedravious Davila for the means of 
pursuing his studies at one of the universities of Spain. While 
there he became distinguished in his literary studies, and was 
especially noted for his skill and accomplishments in all athletic 
exercises. In 1519, after completing his education, he accom- 
panied his patron Davila, who had been ap2)ointed governor of 
Darien, on his secoiid voyage to America. 

In 1528 De Soto explored the coasts of Guatemala and Yuca- 
tan for seven hundred miles, in search of the strait which was 
then supposed to connect the Atlantic with the Pacific Ocean. 

In 1532 he joined Francisco Pizarro in his expedition to 
explore and conquer Peru. 

In the next year, 1533, he was placed at the head of a party 
of fifty horsemen and a small body of targeteers with orders 
to explore the highlands of Peru. While on this mission, he 
penetrated through a pass in the mountains and discovered 
tlie great national road Avhich led to the Peruvian capital, and 
was soon after selected by Pizarro to visit the Inca, Atahualpa, 
as his special ambassador. 

He was conspicuous in all the engagements in the course of 
the conquest of Peru, and was the unquestioned hero of the 
battle which resulted in the capture of Cuzco, the metropolis 
of the country. 

Soon after the capture of Cuzco, De Soto returned to Spain, 
carrying with him a fortune of not less than half a million 
dollars — an enormous one for that day. He met a flattering 
reception from the emperor, Charles V., made a splendid 



Hernando ve Soto. o 

appeninuice at court, and soon married the daughter of his 
early patron. Governor Davila, the beautiful and accomplished 
Donna Isabella Bobadilla, to whom he had been long attached. 

Two unsuccessful attempts had been previously made to 
explore and conquer Florida. 

The first was made by the knightly Ponce de Leon, in his 
vain search for gold and the fabled '"fountain of life." His 
disastrous defeat by the red men, and his tragic death, are well 
known to the reading Avorld. 

The second expedition was led by Pamfilo de Narvaez, who 
anchored in what' is now known as Tampa Bay, in April, 1528, 
with a command of five ships and six hundred well-equipped 
soldiers. After wandering through the dense forests of Florida 
for nearly four months, finding the dream of gold and precious 
stones a vain and illusory one, Pamfilo de Narvaez and his dis- 
heartened followers reached the western coast of Florida, late 
in the month of July, 1528, where he proceeded to build a num- 
ber of frail vessels in which he hoped to reach the coast of 
Mexico. 

Having completed their vessels, the entire party sailed Sep- 
tember 22. The vessel which bore De Narvaez and his 
fortunes was blown to sea in a furious storm, and the bold 
adventurer perished beneath the waves. His lieutenant, Cabeza 
de Vaca, and three companions, succeeded in reaching land, 
and made their way through what is now known as Texas to 
the Gulf of California. 

QUESTIONS. 

When and by whom was the Mississippi River discovered ? Give a brief 
sketch of the life of De Soto. Who led the first expedition to the present 
Gulf States ? What was his object? What was his success ? Who led the 
second expedition to the same territory ? In what year ? Give an ac- 
count of his explorations. What was his fate ? Who was his lieutenant, 
and what became of liim ? 



^CHAPTER II. 

BE SOTO's EXPEDITI0:N'. — HE ENTERS MISSISSIPPI. — DISCOVERS 
THE MISSISSIPPI RIVER. 

The first to follow the two disastrous expeditions to Florida 
was Hernando de Soto. He sailed from Spain in November, 
1538;, with eleven vessels, and after touching at Havana 
anchored his fleet in Tampa Bay, on the west coast of Florida. 
The command of De Soto consisted of one thousand infantry, 
with three hundred and fifty horsemen, fully armed and 
equipped. In addition to this large force, undeniably the lar- 
gest ever seen on the continent of North America up to that 
time, De Soto was accompanied by a large number of the most 
renowned knights and soldiers to be found at that day in Spain 
and Portugal. Those grim warriors, who had shivered lances 
on many a stricken field, were as eager for gold and glory as 
were their more boyish companions — a considerable number of 
cadets of the noblest houses in Spain, avIio, with light hearts, 
followed the standard of De Soto. 

There was a retinue of priests, too, accompanying the expe- 
dition — twenty-four in number — and the holy Fathers were 
inflamed with an ardent desire to spread the gos23el of Christ 
among the benighted red men of the New World, and were eager 
to wear the crown of the martyr in his holy cause. 

In the month of June, 1539, having debarked his entire force 
and sent his vessels to Havana, De Soto put his column in 
marching order, to explore the vast and untrodden wilderness 
of Florida. He moved toward the interior with twenty-six 
horsemen and sixty infantry soldiers, as his advance guard. 

It can subserve no good pur2)ose to follow him in his tortuous 



D?: Soto Enters Mississippi. 



11 



wanderings tlirough what, at a later day, became the States 
of Florida, Georgia, and Alabama. 

It would be equally idle to recount his innumerable battles, 
by day and by night, with the red men of the country through 
which he passed. He fought on ^'the surf-washed sands of 
Florida/' '' on the hills of Coosa '" in Georgia, on the Black 
Warrior River in Alabama, and especially at Maubila (now 
known as Mobile) in the same State. There the Indian women 
fought with desperate fury, ^Mvrapping themselves in the 
flames of their town/' rather than surrender their homes to 
the hated ])ale-faces. In all of these encounters he suffered 
severe losses,, having many of his men and horses killed, and 
many grievously wounded. 

After wandering through the primeval forests for eighteen 
months, in his vain search for gold, De Soto and his steel- 
clad warriors entered the present State of Mississippi, in the 
month of Decem- 
ber, 1540, near 
where the beauti- 
ful city of Colum- 
bus now is, in 
Lowndes County. 

De Soto and his 
veteran followers 
were the first white 
men to tread the 
soil of Mississippi. 
They entered the 
territory of Mis- 
sissippi forty-five 
years before the 
English landed in 
North Carolina, in 
1585 ; sixty-seven years before the first settlement was made 
at Jamestown, Va., in 1607 ; eighty years before the Pilgrims 




MAP OF HE SOTO'S ROUTE. 



12 HISTORY OF MISSISSIPPI. 

of the Mayflower iiuide their hi\st huuliiig at riymouth Itock, 
in 1620 ; ninety years before the first settlement was made on 
the shore of Chesapeake Bay, in Maryhxnd, in 1631 ; and only 
six years later than Cartier, a French navigator, entered the St. 
Lawrence Eiver and claimed the entire " Dominion of Canada " 
for his royal master, the king of France, in the year 1534. 

De Soto moved from the neighborhood of Columbus, in a 
northwesterly direction, until he arrived in what is now known 
as Pontotoc County. There he constructed a fortified camp, 
near the present town of Pontotoc, with towers and bastions, 
on the plan of such defensive works in Europe, and went into 
winter quarters to afford his weary men and jaded horses a 
much-needed rest. He passed the time pleasantly enough in 
the exchange of civilities with his nearest neighbors, the pow- 
erful, fierce, and warlike Chickasaw Indians, whose principal 
town was in the near vicinity of his camp. 

Desiring to resume his march, De Soto demanded of the 
chief of the Chickasaw tribe two hundred Indians as burden- 
bearers, to carry his baggage. This Avas curtly refused, and 
at once ended the truce. 

A few days later, in the latter part of the month of January, 
on a cold, tempestuous night, the Indians suddenly attacked 
the camp on four sides simultaneously. The yells of the infu- 
riated savages arose above the wild clamor of the tempest. The 
attack was a complete surprise to De Soto and his followers. 
The Indians sent blazing arrows into the thatch-covered huts 
which protected the men, and also into thatch-covered stables 
where their horses were confined. These were instantly in 
flames. 

De Soto and his soldiers were confronted with two dangers — 
the one of being slaughtered by the merciless savages, and the 
other of being roasted alive. They soon rallied, however, 
and charged upon their savage foes, slaughtering them as far 
as they could see by the light of their burning camp. The 
day dawned upon a disastrous scene. Forty cavaliers and 



Discovery of the Mississippi. 



13 



troopers were ghastly corpses ; fifty horses had been killed 
or destroyed in the flames ; most of the swine had been burned 
alive ; and the remnant of the baggage, saved at Maubila, with 




the most of their clothing, had been 

consumed by fire. The scene wat> 

disheartening enough to De Soto aiul 

his war-worn veterans. But they were 

coni]ielled to make the best of theii- 

sad condition. In a few days, their leader resumed the weary 

march, still in a northwesterly direction, and in the month 

of May, 1541, arrived at the Chickasaw Bluffs, near the site 

of the present city of Memphis, when he, for the first time, 

beheld the mighty Mississi})pi River. 



QUESTIONS. 

Wlieii did De Soto sail from Spain, and where did lie land ? Of what 
did his command consist ? What kind of men accompanied him ? De- 
scribe the expedition. Who were the first white men on Mississippi soil ? 
With what other dates can you compare the visit to Mississippi ? What 
course did De Soto then take r Where did he go into winter quarters ? 
What brought on the attack of the C'hickasaws ? Describe the tight, 
When, and at wluil point, did lie discover tiie ^Mississippi IJiver V 



CHAPTER III. 



DEATH OF DE SOTO. — JOLIET AXI) MAKQUf]TTE. 



After delaying about a month 
to build boats, I)e Soto and his fol- 
lowers crossed the mighty stream 
which he had discovered. He then 
wandered aimlessly through the 
tangled forests and swamps of what 
are now known as Arkansas and 
Louisiana, for nearly a year, until 
he reached a 2»oint generally sup- 
posed to be near the mouth of the 
Red River, in Louisiana. Here he 
was taken sick and finally died on 
tlio twenty-first day of May, 1542. 
He was first buried in the earth ; 
but his followers, desiring to con- 
ceal his death from the Indians, 
took his body at iiight, wrapped aiul weighted it, and deposited 
it beneath the waters of the great river which he had discovered. 
The followers of De Soto, reduced to one-third of their orig- 
inal number, now under the command of Muscosa de Alvarado, 
whom De Soto had a})pointed to succeed him, endeavored to 
reach Mexico by a journey overland. After a long and weary 
march, after sufi'ering great privations and innumerable hard- 
ships, the}^ reached the Rio Grande and the mountainous region 
lying between what is now Texas ^nd Mexico. 

Here they determined to retrace their steps in the direction 
of the great river. Ai-rived at their destination, near the 
mouth of the Red River, they engaged in the building of a 




After de Sows Death. 15 

number of brigantines for the purpose of descending the ^Fis- 
sissip2:>i, and in these frail barques they hoped to make their 
way to Havana, or to some port on the coast of New Spain, as 
Mexico was then called. 

Having completed their brigantines, Muscosa and the rem- 
nant of his followers, ragged and disheartened, embarked and 
descended the river. Pursued and harassed by countless 
swarms of hostile foes, by day and by night, they finally 
reached the passes and launched boldly upon the waters of 
the Mexican Gulf. 

After a voyage of ninety days, a A-oyage of untold suffering • 
and privation, less than three hundred of the men who had 
landed in Florida with high hopes, scarcely five years before, 
arrived at Panuco, on the coast of Mexico, in a state of abso- 
lute destitution. From there, the larger number made their 
Avay to Havana, and from thence the majority of the survivors 
secured transportation to Spain. 

For more than one hundred and twenty-five years from the 
day the ragged and disheartened remnant of the followers of 
De Soto emerged from the Mississippi, on their frail barques, 
into tlie Gulf of Mexico, the surface of that mighty stream was 
unruffled, save by the canoe and the paddle of the native Indians, 
who had their homes and hunting-grounds on either shore. 

In 1G73, however, the governor of Quebec, Count Frontenac, 
and Talon, his intendant, having heard much from the Indians 
about the great river, were exceedingly anxious to discover and 
navigate it as far as possible. The Indians called this river 
Miclie Sepe, meaning Father of AYaters, aiul fi-om their acc^ounts 
it Avas then believed that it emptied its waters into the Gulf 
of C-alifornia I Talon recommended Louis Joliet to Governor 
Frontenac. as a proper person to have charge of the enterprise, 
and he was accordingly appointed. The only aid the governor 
was able to furnish to the perilous scheme was a single assistant 
and a ])irch-bark canoe I 

Juliet was a native of Quebec, born in KUo, and educated 



16 



HISTORY OF Mississippi. 



for the Church at the Jesuit college of his native city. He 
received certain minor orders of the Catholic Church in 1GG2, 
but in 1667 he abandoned all idea of Church preferment, and 
determined to devote himself to the business of a fur-trader 
and an explorer. 

To obtain further assistance in his exploration, Joliet visited 
a Jesuit mission^ where he met Father Marquette. Father 
Jacques Marquette was born at Laon. in France., in 1637. He 




and was ordained a priest in 

the year 1666. He sailed for Canada as a missionary to the 
Indians in the same year, and arrived at Quebec^ the scene of his 
future labors, in September, 1666. He departed for the Three 
Rivers in October, where he spent eighteen months in learning 
the language of the Algonquin and Huron tribes of Indians. 

In company with Marquette, who took command, and live 
other Frenchmen, Joliet arrived at ^Mackinaw, I)eceml)er 8, 
1672. The Indians at that point supplied them with a great 
deal of valuable information, and with this assistance Joliet 



Marquette Descends the Mississippi. 17 

was enabled to draw a rough map of ciie proposed route. 
With the aid of this map, they were enabled to descend the 
Wisconsin Eiver. 

After a long and perilous journey, the party reached the 
Mississippi River, by an overland journey, on the seventh day of 
July, 1673, at a point near where Prairie du Chien now stands. 

After spending a few days for rest and recuperation, the 
" monk and the merchant '' embarked on the broad bosom of 
the mighty river and descended it as far as the mouth of the 
Arkansas River. They were met by the Indians on either shore 
with great kindness and hos2)itality, and established the most 
amicable relations with tliem. Fearing that they might be 
arrested by the Spaniards below that point, and believing that 
they Avere much nearer the Gulf of Mexico than they really were. 
Father Marquette and Joliet determined to retrace their steps 
and ascend the river to the ])oint of embarkation, and made 
their way back to Quebec, from whence they had started. 

When they arrived at Quebec, the intelligence that they had 
explored the great river for hundreds of miles, from the mouth 
of the Wisconsin to the mouth of the Arkansas, was hailed 
with the greatest joy by the people of that place. ^^The bells 
of the cathedral were merrily ringing for an entire day, and 
the bishop, followed by his clergy and the entire pojiulation, 
sang a Te Deum at the foot of the altar. ^' 

QUESTIONS. 

How did De Soto cross the river ? lu what direction did he pro- 
ceed ? How long before he reached the mouth of the Red River ? What 
occurred there ? When did De Soto die ? What was done with his 
body ? Whom did he appoint as his successor ? Relate the story of the 
travels and final fate of the expedition. How long after the death of De 
Soto was the "Father of Waters" left undisturbed? In 1673 who 
organized a party for the purpose of navigating the great river ? What 
was supposed to be its outlet ? Who were the exploring party ? What 
aid did Governor Frontenac give ? Give some history of Father Mar- 
quette. Of Joliet. Who took command ? 
2 



CHAPTER IV. 



LA SALLE's EXrEDITION.— FRANCE ACQUIRES LOUISIANA. 




Seven years later^ Robert Cavelier 
Sieiir de la Salle, a native of Roiien, 
in France, who had been educated 
for the Church, but who abandoned 
all hoj)e of Church preferment for 
the work of exploration, to which he 
devoted his life, commenced to or- 
ganize an expedition to explore the 
Mississippi River, and to navigate it 
from the mouth of the Illinois River 
to the Gulf of Mexico. He started 
from Quebec, and was accompanied 
by the Chevalier Henry de Tonti, a 
native of Italy, who had won distinction in the army of 
France, forty soldiers, and three monks, each of whom was 
eager to carry the gospel to the benighted red men, and if 
need be to suffer martyrdom in the service of God. 

The party of La Salle, having undergone great sufferings, 
perils, and privations in their weary march of several hundred 
miles through an unbroken wilderness, reached a spot on which 
the town of Peoria, in the State of Illinois, now stands, on the 
margin of the Illinois River. 

La Salle built a fort here for the protection of his people 
against the Indians, and the name he gave this fort indicated 
the hopelessness of his condition. He gave it the name of 
Or eve Coeur, " the fort of the broken heart. ^' La Salle, 
leaving the Chevalier de Tonti in command of '' the fort of 



Vas2' Territory claimed. 19 

the broken heart/' determined to visit Quebec, in the ]io2)e of 
succoring his party. He set out in the dead of winter, with 
only two companions, on a weary tramp of a thousand miles. 

La Salle returned in May, 1681, to " the fort of the broken 
heart.'' He soon descended the Illinois River to its mouth, 
where it pours its wealth of waters into the king of floods. 
Here he remained for some time in preparation for the 
arduous work before him — the exploration of the Mississippi 
from the mouth of the Illinois to its entrance into the Gulf of 
Mexico. 

On the sixth day of February, 1082, La Salle and his party 
found themselves floating on the broad bosom of the great 
river. Without any incident worthy of note here, they reached 
the passes at the mouth of the Mississij^pi, on the sixth day of 
April, 1682. 

On the nintli day of April, 1682, La Salle erected a column, 
and affixed to it the arms of France. He then addressed the 
crowd, and in a loud voice declared, " In the name of the most 
high, invincible, and victorious prince, Louis the Great, by the 
grace of God, King of France and Navarre, I have taken, and 
do now take, in the name of his Majesty, and of his successors 
to the croAvn, possession of this country of Louisiana, the seas, 
harbors, ports, bays, adjacent straits, and all the nations, peo- 
ples, provinces, cities, towns, villages, mines, minerals, fisheries, 
streams, and rivers." 

In other words. La Salle claimed the Mississippi River and 
all of its tributaries, and the entire country from the great 
lakes to the Gulf of Mexico. 

La Salle demanded a notarial act, to be used in testimony of 
his having taken j^ossession of the immense territory, which 
he called, in adulation of his sovereign, Louisiana. This 
notarial act was executed by Jacques de la Metane, a sort of 
improvised notary 2)ublic, and the original document is said 
to be still extant in the archives of the French Government. 
By these acts La Salle established for Franco a title which all 



20 



HISTORY OF MISSISSIPPI. 



European nations recognized as valid, and thus it happened 
that Louisiana, though discovered by a Spaniard, became a 
French province. 

La Salle soon returned to Quebec, and sailed for France in 




LA SALLE TAKES POSSESSION OP LOUISIANA. 



the year 1684, to lay at the feet of his royal master, Louis the 
Fourteenth, the title deeds of the immense territory claimed 
in his name. On his arrival at the court he met Avith a flatter- 
ing reception, was ennobled, and power and authority were 



La Salle's Misfortunes. 21 

given him to establish a colony in the territory he had so 
recently discovered. 

La Salle sailed from the port of Rochelle on the twenty- 
fourth day of July, 1684, with a frigate under the command of 
M. de Beaujeu, and several smaller vessels, carrying a detach- 
ment of soldiers and a number of priests, and colonists of both 
sexes. They touched at San Domingo on their way to the 
mouth of the Mississippi River. The expedition was fore- 
doomed to failure because of the irreconcilable views of La Salle 
and the commander of the squadron. By bad seamanship or 
by design, the expedition went hundreds of miles west of the 
mouth of the Mississip2:)i, and on the first day of January, 1685^ 
M. Beaujeu cast anchor in San Bernardo, now known as 
Matagorda Bay, on the coast of what is to-day the State of 
Texas. 

In entering the bay of San Bernardo, a store-ship freighted 
with needful supplies was wrecked on an island in the bay. 
A few nights thereafter M. Beaujeu sailed for France, carrying 
with him many needed stores, and leaving La Salle with only 
one vessel. That one was wrecked a short time afterward, in 
a vain attempt to reach the mouth of the Mississippi River, and 
by this disaster many valuable lives were lost. 

La Salle, seeing there w^as no hope of his reaching the Mis- 
sissippi River by sea, determined to erect a fort for the j)rotec- 
tion of his people, and as his command had dwindled, from 
sickness and wounds received from the Indians, to forty men, 
concluded he would divide his party, leaving twenty of his 
men at the fort, and taking an equal number to seek the 
Chevalier Henri de Tonti. He hoped that valiant soldier and 
generous friend who had remained on the Mississippi would be 
able to succor those left in the wilds of Texas. 

For La Salle to come to a resolve, was to carry that resolve 
into immediate execution. He left the fort in a few hours, 
and, after wandering for twelve months or more in the forests 
of Texas, he was murdered by men of his own party, March 20, 



22 HISTORY OF MISSISSIPPI. 

1687, and was buried near the present town of Washington, 
in Washington County, Texas. 

Thus perished Robert Cavelier la Salle, in the forty-fourth 
year of his age ; but, while the Mississippi River flows seaward, 
his name will be remembered. 

QUESTIONS. 

What can you say of La Salle ? By whom was he accompanied ? 
Describe their march. Whau was the name of the fort they built ? Why 
so called ? Why did La Salle visit Quebec ? When did he return ? 
Describe his trip. What did he do on reaching the mouth of the river ? 
Why ? What resulted from his voyage ? How was he received in 
France ? What commission was given him ? Why did he fail ? Where 
did he land ? What misfortunes followed ? How, when, and where 
did he die ? 



EPOCH II. 

Under the Lilies of France. 

CHAPTER V. 



EXPEDITION" UXDER IBERVILLE. — SETTLEMENT AT BILOXI. 



Nearly twelve years after 
the death of La Salle, Pierre 
Lemoyne, the Sieur d'Iberville,* 
a distinguished officer in the 
French navy, sailed from Roche- 
fort, in France, on the twenty- 
eighth day of September, 1698, 
in command of two frigates and 
two store-ships. The Badine 
was personally commanded by 
Iberville himself, while the 
Marin was commanded by M. 




* The expression "Sieur d'lber- 
ville " was an honorary title conferred 
upon Pierre Lemoyne. It meant that 
he was a gentleman, and to be called, 
according to the custom of those days, 
by his title rather than by his name. 
The final "e" is dropped from the 
French preposition " de," which 
means " of," because of the vowel 
following it, and the correct pronun- 
ciation of the name is " Dib-er-veel." 
Antoine Lemoyne and Jean Baptiste 
Lemoyne are known in history as 
Sauvolle and Bienville. 




24 HISTORY OF MISSISSIPPI. 

le Comte de Surgere. Each of these frigates carried thirty 
guns. 

Pierre Lemoyne, who is known in history by his title Iber- 
ville, was accompanied by two younger brothers — Antoine 
Lemoyne, called De Sauvolle, and Jean Baptiste Lemoyne, 
called De Bienville. These brothers 
were all Canadian Creoles ; that is, 
French subjects born in Canada. 

Iberville was instructed by the minis- 
ters of marine to touch at San Domingo 
on his voyage out, where he would find 
the frigate Frmi^ois, commanded by the 
Marquis de Chatemaurant, carrying fifty 
guns, and that officer was directed to 
accompany Iberville to Louisiana. 
^ f-^^^/y^'il^Ee Iberville touched at San Domingo as 

he was instructed, and there found the 
frigate Francois, which vessel accompanied him to the newly 
discovered El Dorado. Iberville arrived in the month of Feb- 
ruary, 1G99, and anchored his squadron under the protection of 
Shi}-) Island, in what is now known as the '' Mississij^pi Sound." 
On the second day of March, 1699, Iberville entered the 
mouth of the Mississippi River with two long-boats, some bark 
canoes, and fifty-three men. He ascended the river as far as 
the villages of the Houmas Indians, near the Bayou Goula, on 
the western shore of the great Father of Waters. Descend- 
ing the Mississippi as far as the Eiver Manchac — henceforth to 
be known as the Elver Iberville — he despatched his brother De 
Sauvolle down the mighty stream, with instructions to sound 
the passes at the mouth, and convey to the squadron a report 
of the discoveries they had made. 

The commander of the expedition, Iberville himself, deter- 
mined to explore the Manchac, and endeavor to reach his 
ships by way of the lakes. The term Manchac signified, in the 
Indian dialect, ^' a strait or pass." 



Expedition under Iberville. 25 

_Iberville^ in carrying out liis determination, fonncl the work 
of exploring the Manchac attended with many difficulties. 
He found the stream very low, and filled with logs to such an 
extent as to demand in many places long and laborious port- 
ages. He finally made his way through the Manchac to where 
it empties into the Amite Eiver ; thence into Lake Maurepas ; 
thence through Pass Manchac into the larger lake, upon which 
Iberville bestowed the name of Lake Pontchartrain, in compli- 
ment to Count Pontchartrain, the famous chancellor of Louis 
XIV. To the smaller lake, which he had first passed through, 
he had previously given the name of Maurepas, in honor of 
Count Maurepas, another minister of France and secretary 
of foreign affairs. To the beautiful sheet of water now known 
as Bay St. Louis, he had already given the name of his sover- 
eign. On the Bay of Biloxi, he bestowed the name in com- 
pliment to a friendly tribe of Indians, having their homes and 
hunting-grounds near the margin of the beautiful bay. 

In his official report to the minister of marine, Iberville 
thus describes the first settlement made by the French on the 
soil of Mississippi : " After having visited several places well- 
adapted for settlements, I fixed on the Bay of Biloxi, four 
leagues north of where the ships are anchored. We made 
choice of this point on account of the sheltered bay or road- 
stead, where small vessels can come and go safely at all times. 

'^'^A place for a permanent settlement can be selected at 
leisure. I have erected a wooden fort, with bastions ; two are 
made of hewn timber, placed together, one foot and a half 
thick and nine feet high ; the other two are of double pali- 
sades. It is mounted with fifty-four pieces of cannon, and has 
a good outfit of ammunition. I left De Sauvolle in com- 
mand, De Bienville as king's lieutenant, and Levasseur as 
major, with two captains, two pilots, four sailors, eighteen fili- 
busters, thirteen Canadians, ten mechanics, six masons, and 
thirty sub-officers and soldiers.'' 

This fort Iberville named in honor of Count Maurepas. 



26 



HISTORY OF MISSISSIPPI. 



Here was the first permanent fortification erected on the soil 
of Mississippi. Here^ too, was first established the seat of the 
colonial government of Louisiana. Here, also, was heard the 
voice of Louis the Great, uttered by royal governors and 
vicegerents, to his subjects, in this far-away quarter of the 
world. This fort Maurepas, and this seat of the colonial 
government, were located on a bold bluff that forms the east- 
ern shore of the Bay of Biloxi, near the present town of Ocean 




Springs in Jackson County, and, though called Biloxi, were 
across the bay from the town of that name. 

Having thus disposed of the affairs of the king of France 
in Mississippi, Iberville weighed anchor and sailed homeward. 
His departure caused great depression and gloom to fall upon 
the hearts of his brothers, De Sauvolle and De Bienville, and 
their handful of followers in the primeval forests of Mississippi. 

Near the close of the year 1699, they were gladdened by the 
return of Iberville with two frigates, many much-needed sup- 



BILOXL 27 

plies, and large reeiiforcemeuts, including some sixty Canadi- 
ans, who, tliough born in the frigid region of Canada, amid 
ice and snow, seem to have been preferred at that day for ser- 
vice in the malarial jungles of Mississippi. 

Iberville also brought the gratifying intelligence that Louis, 
the great king, had been graciously pleased to appoint De 
Sauvolle as governor of the province of Louisiana, as La Salle 
had called the immense territory out of which thirty States 
and Territories have aince been carved. Bienville, then only 
eighteen years old, was appointed lieutenant-governor. 

The seat of the colonial government was established at 
Biloxi. Iberville having determined to erect a fort on the 
bank of the great river, as well for offensive as defensive op- 
erations, requested the friendly Indians to show him a point 
above all inundation. They conducted him to a high ridge, 
some eighteen leagues above the passes, and he concluded to 
erect a fort at that point, which would enable him to command 
the river and keep off all English or Spanish intruders. 

AVhile engaged in the construction of this fort on the river, 
Iberville and his friends were agreeably surprised by the arri- 
val of the Chevalier Henri de Tonti. He had previously de- 
scended the mighty stream in a vain search for his friend La 
Salle, and, learning of the arrival of soldiers and colonists, 
hastened from his distant post in the Illinois country to greet 
his French friends. 

QUESTIONS. 

Who commanded the next expedition to Louisiana ? Describe the ex- 
pedition. When did they arrive at Ship Island ? Whither did Iberville 
proceed in March, 1699 ? Give an account of his exploration. Where did 
he build a fort and locate the first colony ? Describe the fort. Give its 
name and location. What did Iberville next do ? Whom did he leave in 
charge ? When did he return to the colonists ? What did he bring ? 
Who was the first governor of Louisiana ? How many States and Terri- 
tories have been carved out of the province of Louisiana ? Where and 
why did Iberville erect a fort ? What of the Chevalier de Tonti? 



CHAPTER VI. 

VISIT TO THE NATCHEZ. — BIEI^VILLE BECOMES GOVERNOR.- 
GRANTS TO CROZAT. 



Having completed the con- 
struction of the tort, eighteen 
leagues above the passes, Iberville 
determined to make a visit to the 
great chief of the Natchez Indians. 
He was accompanied by his brother 
Bienville, the Chevalier de Tonti, 
and other officers of the king. On 
their arrival at the village of the 
Indians they were met and re- 
ceived with much consideration by 
the chief ruler, called the ^^ Great 
Sun/'^ and a retinue of six hun- 
dred braves, bedecked in all the 
glory of paint and feathers. 
The French witnessed a horrible sight when they were visit- 
ing the Natchez Indians, and a visitor thus describes it : ^^ We 
were well received, but I never saw a more sad, frightful, and 
revolting spectacle than the one that we witnessed on the sec- 
ond day after our arrival at the village. A sudden storm burst 
upon us ; the lightning struck the great temple, burned all 
their idols, and reduced the whole to ashes. Quickly the 
Indians assembled around the blazing temple, making hor- 
rible cries, tearing out their hair, elevating their hands to 
heaven, their tawny visages turned toward the burning tem- 
ple, invoking their Great Spirit, with the bowlings of fiends 




Visit to the Natchez. 29 

possessed^ to come down and extinguisli the flames. The 
fathers and mothers then bronght their children, and, after 
strangling them, flung them into the flames. M. d'Iberville 
was horrified at seeing snch a crnel spectacle, and gave orders 
to stop it by forcibly taking from them the little innocents ; 
but with all our efforts seventeen perished in this manner, and 
had Ave not restrained them the number would have been over 
two hundred.''^ 

After this visit, the Chevalier de Tonti separated from Iber- 
ville and Bienville and resumed his weary voyage to his distant 
port on the Illinois ; but, before he proceeded far, he was 
induced by Bienville to return to Biloxi, where he remained to 
the day of his death, in the military service of France. He 
died in September, 1 704 ; and all that is mortal of Henri de 
Tonti, a soldier without fear and a man without guile, rests 
in the ancient capital of Mississippi, at Eiloxi. 

Iberville returned to his ships and soon sailed for France ; 
Bienville assumed command of the new fort on the shore of 
the great river, and Sauvolle continued to discharge at Biloxi 
the duties of governor of the province. 

About this time Bienville was out exploring one day in a 
boat in the bends of the river, below where the city of New 
Orleans now stands. He was met by an English ship, com- 
manded by Captain Barr, who was entering the river for the 
purpose of making a settlement. Bienville coolly informed the 
English officer that the Mississij^pi Eiver was many leagues 
westward of the stream they were then in, that that river and 
the country adjacent was a dependency of Canada, and that 
the French were in 230Ssession of the whole country. Captain 
Barr thanked Bienville for the information given him, turned 
the prow of his ship, and sailed away in search of the Missis- 
sippi River ! This incident gave the name to the 2:»oint where 
Bienville met the English captain, and to this day the place is 
known as "the English Turn.'' 

The French found the forests of Mississippi filled with game 



30 HISTORY OF MISSISSIPPI, 

of every descrii^tion. Buffalo^ bear, deer, and wild turkeys 
were abundant. The turkeys were pronounced finer and larger 
than those seen in France. As they were unfamiliar with fire- 
arms, the discharge of guns did not alarm them. The streams, 
lakes, and bays were also filled with delicious fish. 

De Sauvolle, governor of the French colony, died August 
22, 1701, of yellow fever, supposed to have been brought to 
Biloxi by some vessel from San Domingo. He was buried at 
Biloxi, and his remains lie mouldering in the ruins of old 
Fort Maurepas. Bienville, as lieutenant-governor, succeeded 
his brother De Sauvolle, and entered at once upon his duties 
as governor. 

Soon after Bienville assumed executive duties, he learned 
that two French vessels had arrived off Dauphin Island, bring- 
ing him orders to remove the seat of the colonial government 
to a iwint on Mobile River. He immediately proceeded to 
obey his instructions, and, leaving Boisbriant in command of 
Fort Maurepas, he commenced the construction of a fort on 
Daujohin Island, at the mouth of Dog River. This was the 
seat of the colonial government for nine years, until frequent 
inundations compelled its removal to a point where the city of 
Mobile now stands. 

Iberville sailed from France in 1706, with a large naval 
force, intending to attack Charleston on his voyage out, as 
France and Sx^ain were at war with England at the time. 
Iberville touched at San Domingo for the purpose of taking 
on reehforcements, and while there he was attacked with yellow 
fever, and died July 9, 170G. After his death the colony of 
Louisiana passed through several years of want, suffering, and 
hunger. Bienville was compelled to quarter his people among 
the Indians for food, to prevent them from dying of starva- 
tion. They were frequently reduced to the necessity of eating 
acorns in order to prolong a miserable existence. 

Having grown weary of the repeated draughts upon the pub- 
lic treasury, the government of Louis XIV., in the year 1712, 



Grants to Crozat. 31 

granted to Anthony Crozat, a wealthy mercliant of France, 
the exchisive privilege, for the jxn-iod of fifteen years, of trad- 
ing in all that immense territory recognized as Louisiana. 
Among the privileges granted to Crozat were two — the send- 
ing a ship once a year to the coast of Africa for a cargo of 
negro slaves, and the working of all the mines his agents might 
discover. This grant was the first written official declaration 
made by France as to what she claimed to be the boundaries 
of Louisiana. 

ITjion the signing of the contract with Anthony Crozat, 
Bienville Avas dismissed from the office of governor, and 
Lamothe Cadillac was aj^pointed to succeed him. Bienville, 
however, was retained as lieutenant - governor. Anthony 
Crozat struggled bravely for five years, but all his efforts came 
to naught, l^o gold or silver mines were discovered, and 
there was no trade of any value. His losses during this time 
were very great, and in utter despair he finally, in 1717, 
petitioned the authorities to release him from his contract. 
This was at once done. 

QUESTIONS. 

Who accompanied Iberville in his visit to the Natchez Indians ? 
Describe the visit. When and where did T)e Tonti die? Where did 
Bienville go ? What of the "English Turn" ? What of the forests of 
Mississippi ? When did De SauvoUe die? Who succeeded him as gov- 
ernor of Louisiana ? To what point was the seat of government first 
removed ? Where next ? When, and why? Give the particulars of 
Iberville's death. What was the condition of the colonists at this time ? 
What privileges were granted Anthony Crozat ? Who was Bienville's 
successor as governor ? Bow did Crozat succeed ? 



CHAPTER VII. 

JOIIK LAW AKD THE MISSISSIPPI COMPANY. — FORT ROSALIE. 
— NEW ORLEANS. 

Two years before, in 1715, Louis XIV. had died, and was 
rejiosiiig with his ancestors. His heir, Louis XV., had come 
to the throne ; and the Prince of Bourbon, as regent of the 
kingdom during the minority of young Louis, was in author- 
ity. John Law, a native of Scothind, a gambler and libertine 
who . had been driven from Paris years before, returned once 
more to the scene of his former humiliation, and under the 
patronage of the regent established a j^rivate bank with the 
fortune he had won at gambling. His arrival was opportune. 
The treasury of France was empty, and the regent was easily 
won over to a financial system which Law had devised and had 
tried in vain to introduce in Scotland. With the assistance 
of the regent, the Prince of Bourbon, he converted his 23ri- 
vate bank into the Banque Royale, and was soon at a dazzling 
height of financial success and 2:)0wer. 

Soon after Crozat was released from his contract, John Law 
organized a stock company called the Mississippi Company, and 
made overtures to the prince regent for the concessions which 
had been granted to Crozat. As Lawn's influence was then pre- 
dominant, the concessions to his comjiany were made at once, 
and most extraordinary powers were granted in addition. 
These extraordinary powers included, among others, author- 
ity to build, ships-of-war, cast cannon, declare war against 
the adjacent Indian, tribes, and make treaties with them. But 
the most extraordinary power conferred upon John LaAv and 
his Mississippi Company was the then unheard-of authority 



John Law and the Mississippi Co3ipany. ;3;3 

to remove jiulges and other officers of justice. The concession 
authorized the company to enjoy the monopoly of trading 
in the Mississij^pi River and the colony of Louisiana for the 
full period of twenty-five years, and any person offering to 
trade in the great river, adjacent waters or territory, was 
liable to have his vessel and merchandise confiscated, besides 
undergoing additional punishment. 

For a while the success was the wonder of the world. John 
Law's energy and the great privileges conferred by the charter 
captivated the public. The Mississippi Company became the 
"Company of the West,^' and later the "Company of the 
Indies,^' with the rights, originally given for Louisiana only, 
extended to cover all the French colonies. The Indian com- 
pany was next consolidated with tlie Banque Royale, and 
Law, as minister of finance for France, was at the summit 
of wealth, power, and dignity ; but in less than three years 
his bank could not redeem its notes, and he was a fugitive 
and a wanderer. He left Paris on a December night in 
1720, and nine years later died in Venice, despised by his 
deluded victims, and forgotten by the gay world which had 
fawned upon him in the hey-day of his fortunes. While the 
Mississippi Company had prospered, the growth of the colony 
was wonderful, but the failure very naturally checked immi- 
gration and caused great distress. Fears were entertained by 
the colonists that they were to be the real sufferers, for the 
reason that the company being bankrupt, and the government 
of France jiowerless in the premises, all supplies would be cut 
off and they would be left to depend upon their own resources, 
and this they were very unwilling to do. 

During the administration of Governor Cadillac, but before 
the Mississij^pi Company took charge, Lieutenant-Governor 
Bienville was sent with a company of thirty-four men, com- 
manded by Captain Richbourg, and fifteen bargemen, to pun- 
ish the Natchez Indians charged with the murder of four 
Frenchmen. Arrived at Tunica Island, eighteen leagues be- 
3 



34 



HISTORY OF MISSISSIPPI. 



low the villages of the Natchez, he encamped to await events. 
The Indians soon visited Bienville. By an astute exhibition 
of cunning, dissimulation, and treachery, he entrapped the 
Indian chiefs. It was not long before they surrendered three 
of the alleged murderers of the Frenchmen. The fourth had 
fled and was in hiding. Three Indians were immediately 
executed in the presence of the other Indians, and a solemn 
compact was forthwith entered into, by which the Indians 




^orT^UorAli 



Mt 



''Sik\^ smAii. n^ 



bound themselves to cut enough timber to build Fort Rosalie, 
and fell cypress enough to furnish bark sufficient to cover the 
fort. The Indians bound themselves to deliver the timber and 
the bark at the precise spot which the French directed. 

The Indians faithfully complied with their part of the con- 
tract, and Fort Rosalie was completed and ready for occupa- 
tion on the third day of August, 1716 ; and on the 28th of 
the same month a French garrison occupied the fort, with 
Major Pailloux in command. 

In the early part of the year 1718, the Mississippi Company 



New Orleans. 35 

became proprietors of the colony, and Bienville was for the 
second time appointed governor of the colony, in i)lace of 
De TEpinay. Bienville had long been anxious to transfer 
the seat of the colonial government to the Mississippi Eiver, 
One of his first acts after his reappointment was to select 
the spot where a majestic curve of the great river forms a 
crescent. Here he laid oif the city which he designed for 
his capital, and named it New Orleans in honor of the Duke 
of Orleans. But the commercial agents of the Mississipj:)! 
Company were averse to the change, and, as a sort of compro- 
mise, the seat of the colonial government was again transferred 
from Mobile to Biloxi. Thus, after years of chance and 
change, the capital of the colonial government was again estab- 
lished at the ancient village of Biloxi. 

The condition of the colony for years, even when its growth 
was most rapid, had been one of abject misery. Each of the 
colonial governors had repeatedly complained of the character 
of the soldiers sent to the colony. The governors had, without 
a solitary exception, denounced them as "' cowards, thieves, 
and cut-throats." The private soldiers were invariably re- 
cruited from the 2:)risons and workhouses of the larger towns 
and cities of France. 

And many of the colonists themselves were no better. 
They were sent out by the Mississipjii Comjiany, whose con- 
tract required them to send six thousand white immigrants, 
and who cared little for the character of those sent. They 
were, for the most part, vagabonds and ruffians, who were 
undergoing punishment at home for crimes committed against 
law and society. They were compelled to migrate as colonists 
to Ijouisiana in order to escape further punishment for their 
offences. Some of the Avomen sent out as wives for the colo- 
nists were taken from houses of correction and female reform- 
atories in the city of Paris. 

Such characters could not build up a colony or found a 
great race ; they merely served to swell the population for a 



36 HISTORY OF MISSISSIPPI. 

time. Thriftless and worthless in France, they remained so 
in the New World, and in time wandered off or weie driven 
out of the colony. With them and after them came certain 
gentlemen who had grants of land ; young men of good fam- 
ily, in a spirit of adventure ; artisans and tradesmen who 
found it difficult to earn a living in the crowded cities of 
France ; briefless barristers, and doctors without patients — all 
of whom were men of character and energy. From these lat- 
ter have come the Creole element of the Mississippi Valley, a 
race that has given to the South matchless soldiers and hon- 
ored citizens. 

In the year 1723 Bienville succeeded in his cherished de- 
sire to transfer the seat of the colonial government to New 
Orleans, and Biloxi ceased to be the capital of the Province of 
Louisiana. In January, 1724, he was recalled to France, to 
make answer to the charges preferred against him by his ever- 
active enemies, and his cousin Boisbriant was appointed as 
temporary governor. Bienville was finally dismissed from 
office, August 9, 172G, and the same day a commission was 
issued to M. Periere as his successor. 

Governor Periere reached his post of duty in March, 1727. 
He came to a most uninviting field. He came to a colony 
torn with dissension, distress, and discontent, to find himself 
surrounded l^y a horde of hungry, rapacious minor officials — 
men intent only on promoting their own personal fortunes, 
and utterly unscrupulous as to the means of attaining their 
selfish ends. He soon realized that he was embarked on a sea 
of troubles. 

In the third year of his administration he found himself 
engaged in a war with the powerful anc^ warlike tribe of the 
Natchez Indians, and, later on, from the smouldering embers 
of that war grew the fatal war with the Chickasaws, which 
was bequeathed, however, to his unfortunate successor. 

A frightful massacre of the garrison at Fort Rosalie occurred 
November the %m\, 1729. It Avas provoked by the brutal 



New Orleans. 37 

insolence of the commander of the garrison, an officer named 
Chopart. He sent for the " Great Sun/' and insolently de- 
manded that the Indians should abandon the " White Apple 
Village/' where they had resided for more than a century, 
and where they had buried their dead and erected their tem- 
ples. All remonstrances were in vain ; but by offering Chopart 
enormous presents of corn, etc., a delay was granted until the 
red men were prepared for vengeance. They carefully made 
their plan, and the hour having come, the general assassination 
of the French took so little time, that the execution of the 
deed, and the preceding signals, were almost but one and the 
same thing. One single discharge closed the whole affair. 
Two hundred and fifty Frenchmen were killed, and only 
twelve of the Natchez. 

The Indians believed that they had killed all of the French- 
men in the country, and gave themselves up to the wildest joy. 
They had captured a large quantity of brandy and wine, and 
ended the bloody day with a drunken carousal. The heads 
of the French were piled in pyramids, as cannon-balls are 
usually piled in arsenals. The agonies of the women and 
children, who witnessed the slaughter of their husbands and 
fathers, may be better imagined than described. 

The French had constructed a fort called Fort St. Peter, on 
the Yazoo River, in what is now known as Warren County. It 
was located on a bluff, now called " Snyder's Bluff," twelve or 
fourteen miles from the city of Vicksburg. Captain Du Coder, 
the commander of Fort St. Peter, was on a visit to Fort Rosalie, 
and there perished with his friends and countrymen. Em- 
boldened by the success at Fort Rosalie, the Yazoo Indians 
determined to attack Fort St. Peter. It had a garrison of only 
twenty men, who were murdered, as well as the few families 
living under the protection of the fort, on January 2, 1730. 

Governor Periere made instant preparations to recapture 
Fort Rosalie, and to rescue the wretched women and children 
who were pining in captivity. A large number of French 



38 HISTORY OF MISSISSIPPI. 

soldiers, aided by a strong force of Choctaw warriors, were 
soon assembled, and, after weeks of delay, an understanding 
was readied, by which the Natchez Indians agreed to surren- 
der all their captives to the Choctaw braves. On the twenty- 
seventh day of February, 1730, the captives were surrendered, 
and on the night of the 28tli the Indians evacuated Fort 
Rosalie, crossed the river, and made their escape into the 
present State of Louisiana. 

Governor Periere determined to follow the Natchez Indians, 
and to punish them for their crimes. He personally headed 
an expedition and pursued them to the neighborhood of the 
Trinity River, where he had a sanguinary battle. After vari- 
ous combats with them, he succeeded, in January, 1731, in 
capturing the " Great Sun " and the " Little Sun," with forty- 
five male Indians and four hundred and fifty women and 
children. Among the women was the mother of the '" Little 
Sun." 

Immediately after the arrival of Governor Periere at New 
Orleans he sent these Indian prisoners to the island of San 
Domingo, where they were sold to the planters as slaves. 

QUESTIONS. 

Who was John Law ? Explain the organization of the Mississippi 
Company. With what was the Mississippi Company united ? What 
happened to the Banqiie Royal and to Law ? Give an account of the 
expedition of Bienville and the building of Fort Rosalie. When was 
Bienville reappointed governor ? Where was the capital again located ? 
What had been the condition of the colony for years ? What was the 
character of the soldiers ? What of many of the colonists themselves ? 
What finally became of this worthless crowd ? In 1723 where was the 
seat of government iinally located ? By whom was Bienville superseded ? 
When Governor Periere reached his post of duty, what did he find ? 
What of his difficulties with the Natchez and Chickasaw Lidians ? Of 
the massacre of Fort B.osalie ? Describe the attack of the Yazoo Indians. 
What steps did the governor take ? What became of the Natchez ? 



CHAPTER VIII. 

BIENVILLE AGAIN^ GOVERNOR. — WARS WITH THE CHICKASAW 
INDIANS. — PEACE OF PARIS. 

The Mississippi Company, crippled by the reduction of 
its capital, found no profit in its colony, and grew weary, as 
did its predecessor Anthony Crozat, of the care of the Louis- 
iana colony. Immediately after the massacre at Fort Rosalie, 
it made application to the government to he relieved of its con- 
tract. The negotiations were protracted for two years, but 
in the winter of 1732 the contract was abrogated. 

Governor Periere was dismissed from office during the win- 
ter of 1732 and 1733, shortly after the king of France resumed 
control, and Bienville was for the third time appointed gover- 
nor of the colony of Louisiana. He had inherited the war with 
the Chickasaw Indians from his predecessor Periere. One 
of the wild dreams of Bienville was that he was destined to 
drive the Chickasaw Indians from their beautiful country, 
extending, as it did, from the Tombigbee on the east, to the 
Mississippi River on the west. 

In April, 1736, Bienville arrived at the Tombigbee depot 
with five hundred and forty-four French soldiers, forty-five 
negroes, and six hundred Choctaw warriors. This depot is 
believed to have been in the vicinity of the present Cotton Gin 
Port in Monroe County, on the western shore of the Tombig- 
bee. Great delay had been caused in the ascent of the Tom- 
bigbee River by adverse currents, freshets, storms, and constant 
rains. Another month was wasted in marching to the Chicka- 
saw towns, where they arrived May 22, 173G. An immediate 
assault was made. 

The battle raged for two or three hours, but finally the 



40 HISTORY OF MISSISSIPPI. 

French were driven from the field with frightful loss in killed 
and wounded. Bienville and his disheartened command com- 
menced a retreat to their barges on the Tombigbee, and soon 
returned to New Orleans. The bloody battle in which the 
French suffered so severely was called the battle of Ackia in 
the official reports of that day. 

An unfortunate incident preceded the battle of Ackia. 
Bienville had engaged D'Artaguette, a gallant officer who 
was then in command on the Illinois Eiver, to cooperate with 
his entire force against the Chickasaws. D'Artagiiette was 
promptly on hand with a large force of French and Indians. 
He had received a letter from Bienville informing him that 
he would not be able to reach the Chickasaw towns for more 
than thirty days. The letter was laid before a council of war, 
and it was finally determined that an immediate assault should 
be made on an isolated Chickasaw village. 

The attack was gallantly made on Palm Sunday, and was as 
gallantly repulsed. Twelve French officers were soon killed. 
D'Artaguette fell in the thickest of the fight, covered with 
wounds, and was taken prisoner, Avith others, numbering 
nineteen in all. D^Artaguette, Father Senac, a Jesuit priest, 
and fifteen others, were burned alive. The remaining two 
prisoners were spared to be exchanged for a Chickasaw warrior 
who was then a prisoner with the French. 

Another large and powerful expedition was fitted out under 
the joint command of Bienville and De Noailles, and that, 
too, was unsuccessful. A third, under the personal command 
of the Marquis de Vaudreuil, who had been appointed governor 
of the colony as the successor of Bienville, was a more com- 
plete failure than the two former. 

Thus it will be seen that the Chickasaw Indians, the native 
red men of Mississippi, in defense of their country and their 
homes, had defeated and driven in disgrace from the fiekl 
three formidable armies sent to drive them from their beautiful 
territory. 



Peace of Paris. 41 

Governor Vaudreuil ordered an enumeration of the colony 
in 1744. The census showed that there were four thousand 
white people, including eight hundred soldiers, and two thou- 
sand and twenty African slaves. This enumeration included 
all the population then in the colony, which embraced the 
present great States of Alabama, Arkansas, Louisiana, Missis- 
sippi, and Missouri. 

It is worthy of note that in 1744 there were only eight white 
males and fifteen negroes in the ^^resent city of Natchez, Avhile 
Pascagoula exhibited a pojoulation of ten white males and sixty 
negroes. No mention is made of the original settlements at 
Bay St. Louis, Pass Christian, and of Biloxi where the seat 
of the colonial government Avas first established. 

In 1753 Governor de Vaudreuil was superseded by Governor 
Kerlerec, who had been a captain in the French navy. As 
English vessels were committing depredations on the French 
colonies, the new governor at once took measures to protect 
Louisiana against invasion. Two years later war was formally 
declared, and an English fleet of armed privateers blockaded 
the mouth of the Mississippi River, so that for three years 
there was no communication whatever between the colony and 
France. When finally a vessel reached Ncav Orleans, in 1758, a 
new commissary came with it bringing supplies and clothing 
for the colony. 

The war between England and France continued for seven 
years, during which time the English colonies along the 
Atlantic coast had been engaged in the French and Indian 
wars. The English had captured Quebec and held Canada 
and Nova Scotia. France was exhausted, and England dic- 
tated very hard terms for peace. While the negotiations were 
pending, the kiiig of Spain, who was one of the Bourbon 
princes and a cousin of the king of France, agreed to take 
part in the contest, and declared war on England. But Eng- 
land was mistress of the seas, and easily defeated the combined 
navies of the two Bourbon kings. The island of Cuba was 



42 HISTORY OF MISSISSIPPI. 

captured and held Ijy an Englisli fleet, and tlie colonies of 
both kingdoms were at England's mercy. A treaty of peace 
was agreed u2:>on at Paris, June 1, 17Go, the terms of which 
were hard on France. France surrendered to England Canada 
and all that portion of Louisiana lying east of the Mississippi 
between the great lakes and the Gulf, except the city of New 
Orleans and " the island on which it stands.'' By " the island 
on which it stands " was meant that portion of the present 
State of Louisiana lying south of the River Manchac, Lakes 
Maurepas and Pontchartrain, and the Rigolets. By the terms 
of the treaty the middle of the Mississippi River was to be the 
line, from its source to the mouth of the River *' Iberville" 
(Manchac), thence by a line in the middle of that stream and 
of the Lakes Maurepas and Pontchartrain '' to the sea," mean- 
ing to Mississippi Sound. The navigation of the river was to 
be free and open to both England and France '^'from its source 
to the sea," and particularly that part below the mouth of the 
Manchac. The territory which England acquired by this 
treaty is now divided into the States of Michigan, Wisconsin, 
Ohio, Indiana, Illinois, Kentucky, Tennessee, Mississippi, Ala- 
bama, and a small portion of the present State of Louisiana. 

Spain was compelled to give up Florida to England in ex- 
change for Cuba. Two days later the king of France, by a 
sej)arate treaty, ceded to Spain all that was left to him of 
Louisiana lying on the west side of the Mississippi, including 
New Orleans and ^^ the island on which it stands," to compen- 
sate for the loss of Florida, and other losses which the king of 
S23ain had suffered through his efforts to help France. 

Thus, after nearly two-thirds of a century, the territory of 
the present commonwealth of Mississippi was finally and for- 
ever released from the rule of venalty and corruption — a rule 
of profligacy and imbecility never surpassed on the continent 
of America, save only during the period of reconstruction in 
the Southern States of the Union. 

The French governors who exercised jurisdiction over the 



French Governors. 43 

destinies of Mississippi during the sixty-four years of its occu- 
pation were : 

Antoine Lemoyne de. Sau voile, who was the first governor 
of the colony of Louisiana. He served only a year, and died 
in the summer of 1701, of yellow fever, at Biloxi. 

Jean Baptiste Lemoyne de Bienville, who was followed by 
Lamothe Cadillac, who was in turn succeeded by M. de 
TEpinay, who was succeeded by Bienville who was a second 
time appointed governor. 

M. Periere, who was appointed to succeed Bienville, and 
Bienville succeeded M. Periere. This was the third time Bien- 
ville had been appointed governor of the colony. 

The Marquis de Vaudreuil succeeded Bienville, aiul was in 
turn succeeded by Captain Kerlerec, who was the last French 
governor of the colony of Louisiana. 

QUESTIONS. 

Wliat of the Mississippi Company and its contract with the colonies ? 
Who succeeded Periere as governor the third time ? What was Bien- 
ville's wild dream ? What extent of country was occupied by the Chick- 
asaw Indians ? Give an account of this expedition. Describe the battle 
of Ackia. What can you tell of D'Artaguetto and his attack on the 
Indians ? What was the result of another expedition under Bienville 
and De Noailles ? Who were left masters of the field ? 

In 1744 what did the census show ? This embraced the population of 
what extent of territory ? What is said of the population of Natchez at 
this time ? Of Pascagoula ? Bay St. Louis, Biloxi, and Pass Christian ? 

On January 1, 1763, by whom was a treaty of peace signed at Paris ? 
By the terras of this treaty, upon what did the kings of France and Eng- 
land agree ? What did France cede to England ? What did Spain cede 
to England ? What had been the condition of the territory for two- 
thirds of a century ? On January 3, 1703, what treaty was signed ? 
Give a list of all the French governors of the colony of Louisiana. 



EPOCH III. 

Under the Crimson Cross of England. 

CHAPTER IX. 



MISSISSIPPI BECOMES PART OF WEST FLORIDA. — RAPID 
GROWTH. — WEST FLORIDA DURING THE REVOLUTION". 



The terms of the Treaty of 
Paris, between the kings of 
France and Spain on the one 
part, and the king of Enghind 
on the other, were carried out, 
and on tlie 10th of February, 
17G3, the " Peace of Paris" was 
proclaimed. The government 
of England, always prompt in 
looking after and protecting its 
possessions in every quarter of 
the globe, was not less prompt 
and energetic in taking posses- 
sion of the immense country ac- 
quired l)y the Treaty of Paris. 
Thus the territory of what is 
now Mississippi ceased to be a 
part of the French province of 
Louisiana, became the property 
of the British crown, and re- 
mained under the protection of 
the " crimson cross " of England 
for more than seventeen years. 




MISSISSIPPI BECOMES PART OF WEST FLORIDA. 45 

England promptly organized the southern portion of the 
country ceded by France into a royal province, and named it 
AVest Florida. The new province covered a wide expanse of 
country, extending from the Appalachicola River to the Mis- 
sissipj^i. The southern line ran along the Gulf coast, through 
the Rigolets, Lakes Pontchartrain and Maurepas, and through 




the River "Iberville^' (Manchac) to its junction with the 
Mississippi. The northern line was first fixed at the thirty- 
first parallel of north latitude, but on the 15th of May, 1767, 
it was extended to parallel 32° 28' IN"., which crosses the mouth 
of the Yazoo River. The country north of this parallel in 
Mississippi and Alabama was not organized by England into 
a province, but w^s reserved for the Indian nations. 



46 HISTORY OF MISSISSIPPI, 

On tlie twenty-first day of November, 1763^ Captain George 
Johnstone, a distinguished officer of the royal navy, was ap- 
pointed governor of AYest Florida. Early in the year 1704 
Governor Johnstone arrived at Pensacola, which had been 
made the capital of the province, and entered upon the dis- 
charge of his official duties. 

He brought with him a regiment of veteran Highlanders, 
and was accompanied by many persons as settlers in the col- 
. ony. He promptly despatched garrisons to the various forts 
in the province, and designated the commanders thereof. 
Among those were Fort Oonde, at Mobile, Avhich he changed 
to Fort Charlotte, in honor of the queen of England. To 
that at Manchac he gave the name of Bute, and he changed 
the name of Fort Rosalie to Panmure. Bute and Panmure 
were ministers of George III. at that day. Governor John- 
stone established a superior court at Pensacola, whose jurisdic- 
tion extended over the entire province, from the Mississippi 
River to Pensacola. 

This Avas a court established for the trial of all civil cases 
beyond a magistrate's jurisdiction, as well as for all criminal 
offenders. Thus, persons charged with crime at Natchez, or 
at the mouth of the Yazoo, were taken before the superior 
court at Pensacola, where they were tried under the laws of 
England. Minor civil magistrates were also appointed in vari- 
ous sections of the province to try cases where sums were in 
dispute between individuals ; but, when the amount exceeded 
that usually settled by local magistrates, the matter in dispute 
was compelled to be carried before the suj^erior tribunal at 
Pensacola. 

The instructions to Governor Johnstone were exceedingly 
liberal in general terms, but they were most liberal as to the 
disposition of jiublic lands. The governor was empowered to 
make grants to every retired officer and soldier who had served 
in America against the French or the Indians, without fee or 
reward. A field officer was entitled to have granted him five 



Rapid u row til 4? 

thousand acres ; a captain, three thousand acres ; every sub- 
altern or staif officer, two thousand acres ; non-commissioned 
officers, three hundred ; and privates, one hundred acres. 

These liberal land grants gave a wonderful impetus to immi- 
gration and to the settlement of the country. Many of these 
retired officers settled on the land granted them, became citi- 
zens, and devoted their energies to the settlement and build- 
ing up of the colony. Many of those who did not choose to 
become cultivators of the soil sold their lands to those who 
did, and the nearly eighteen years of English rule in Missis- 
sippi was remarkable as the first time that immigration had 
ever been attracted to the colony. 

It is true that, under the early rule of the French, some 
settlements had been made in the vicinity of ]^[atchez, near 
the mouth of the Yazoo and along the shores of the Mississippi 
Sound. The settlements at Natchez and on the Yazoo River 
had been broken up years before. It may be with great con- 
fidence asserted, that when the French turned the country 
over to the English, there were not five hundred persons, white 
and black combined, in the territory; and this, after sixty-four 
years^ occupation of the country, and after spending millions 
of treasure, and the sacrifice of many valuable lives. 

Governor Johnstone proved to be a sensible and energetic 
executive officer, and prom2)tly looked after the interest of the 
colony and the people confided to his care. In the year 1704 he 
placed Colonel Robert Farmer, Avho was a man of fortune and 
highly educated, in command of Fort Charlotte, at Mobile; 
Colonel Farmer soon fitted out an expedition of three hundred 
and fifty men, under the command of Major Loftus, to take 
possession of the posts in the Illinois country. 

The expedition departed by the way of the lakes, to ascend 
the Mississippi, Great Britain having the right, by treaty 
stipulations, to navigate that great river. Major Loftus pro- 
ceeded as far as a bold headland, in what is now Wilkinson 
County, which the French called La Roclie it D avion, in honor 



48 HISTORY OF MISSISSIPPI. 

of Father Davion^ a devoted Catholic priest, wlio had estab- 
lished a mission there. Arriving at that point. Major Loftus 
was fired on by a party of Indians in ambush, and six or 
eight of his men were killed, and as many wounded ; where- 
upon Major Loftus j^recipitately retreated without firing a gun. 
He retreated to New Orleans, where he wildly vented his rage 
upon the French, accusing them of being in league with 
the Indians, and the real authors of his misadventures at La 
Roche a Davion. The point was long known in colonial his- 
tory as '^ Loftus Heights. ^^ 

The French were the first to introduce African slaves into 
the colony of Louisiana ; but when the English came into 
possession of Florida, and a good portion of what is now the 
State of Mississippi, they pursued the nefarious traffic with 
tireless activity. It subsequently fell into the hands of citi- 
zens of the New England States, who monopolized the slave- 
trade almost exclusively for a long period of years, and the 
slave-dealers of New England amassed enormous fortunes. 

In 1767 Governor Johnstone was succeeded by Governor 
Elliot, in whose commission the king extended the jirovince to 
parallel 32° 30' north. Governor Elliot died shortly, and 
Lieutenant-Governor Montfort Brown became governor. 

QUESTIONS. 

By the Treaty of Paris, 1763, of what territory did Great Britain come 
into possession ? Give the boundaries of West Florida. Who was ap- 
pointed first governor ? Whom did he bring with him? What measures 
did he take? What of the forts? What did he estabhsh at Pensacola? 
With what jurisdiction? What grants was the governor empowered to 
make? What w\as the effect on immigration? Of English rule in Missis- 
sippi? What was the condition of the country after sixty-four years of 
French rule? What of Governor Johnstone? What expeditio)i did he send 
out? How did Major Loftus distinguish himself at La Roche a Davion? 
What of "Loftus Heights" ? Who were the first to introduce African 
slaves into Louisiana? Who introduced the nefarious traffic into Florida, 
(^nd Mississippi? Who was the second governor of West Florida? 



CHAPTEE X. 

admi:n'istratio]S' of gover:n'or Chester. — the condition 
of "west florida ^^ during the revolution. 

Governor Montfort Brown wiis very soon offered the 
position of governor of the Balianias, and, as this was regarded 
as a promotion, he accepted and left the province in 1771. 
The Hon. Peter Chester was apj^ointed to succeed him as gov- 
ernor of AYest Florida, with Philip Livingston as secretary of 
the colony. During the administration of Governor Chester 
lands in the vicinity of 'MValnut Hills" (now Vicksburg), 
Bayou Pierre (now Claiborne County), Natchez, Bayou Sara, 
Baton Eouge, and Manchac, were in great demand. All 
grants were given under the seal of the province ; and the 
writer has seen bushels of those grants, with immense seals of 
wax attached nearly as large in circumference as a small break- 
fast plate, and measuring nearly an inch in thickness. 

In the year 1772 two brothers, Richard and Samuel Swayze, 
natives of New Jersey, purchased nineteen thousand acres of 
land from Captain Amos Ogden, a retired naval officer who had 
previously been granted a tract of twenty-five thousand acres. 
They located their purchase on the waters of the Ilomochitto 
River, in what is now Adams County. Samuel Swayze had 
been for years a Congregational minister in his native State, 
and was the first Protestant minister ever seen on the soil of 
Mississippi. 

During Governor Chester's administration the English colo- 
nies along the Atlantic coast were involved in troubles with 
the mother country. Patrick Henry made liis great speeches 
in Virginia, Jefferson wrote the Declaration of Independence, 
4 



50 -' History of Mississippi. 

and the first blood in the struggle for liberty was shed at Lex- 
ington. News of these events • did not for a long time reach 
the scattered settlers of the Natchez district^ who had no spe- 
cial grievance against England, and who were prospering under 
English rule. The first result (»i the Revolution was a decided 
immigration to West Florida, and the yeai^ from 1774 to 1777 
witnessed a comparatively large infiux of^ population to the 
Natchez district, which included all the land between Vatchez 
and Vicksburg. Many families "Who were -loyal to England, 
or who desired to be neutral in tlfe fisfht, left their ol(L homes 
near the scene of conflict and settled along the Big Black and 
Bayou Pierre. Most of these were men of high charact'cf and 
intelligence, and they were a valijable addition to the commu- 
nities. 

Early in the spring of 1778 one James AVilling, a Philadel- 
phian of good family, but of bad habits, who had previously 
been a merchant in Natchez, visited the Continental Congress 
which was then in session at Lancaster, Pa., and asked author- 
ity from Congress to visit the Natchez district. Willing rep- 
resented that it was highly important to secure the neutrality 
of the people residing on the eastern bank of the Mississippi 
from the mouth of the Yazoo to the Spanish line. New York 
and Philadelphia were in possession of the British ; Washing- 
ton had passed through the terrible winter at Valley Forge, 
and his soldiers w^ere ragged, shoeless, and almost starving. 
The affairs of the colonies were at their lowest ebb, and despair 
was fast settling upon the minds and hearts of the people. 
Willing was a man of education, fine manners, and striking 
appearance, and was wonderfully plausible and specious. His 
representations of the importance of securing the neutrality 
of the inhabitants of the Natchez country were eagerly lis- 
tened to by Congress ; but when he assured the governing au- 
thorities that, after securing the neutrality of the people in the 
Natchez district, he would be enabled to descend the Missis- 
sippi to New Orleans in safety, and there purchase from the 



Administration of Governor Chester. 51 

Sj){iiiish merchants a large supply of ammunition, so sorely 
needed by the colonial army, and transport it up the Missis- 
&\^\)i and the Ohio Rivers to Fort Pitt (now Pittsburg), the 
tempting bait was at once swallowed, and the authority asked 
for was promptly granted. 

Willing departed on his mission immediately, and a few 
weeks later he arrived at the mouth of the Big Black River 
with a small armed party. He at once visited the settlements, 
and sent messages to the settlers on the Bayou Pierre to meet 
him on a given day. More than a hundred men assembled on 
the day named, and cheerfully took the oath of neutrality ad- 
ministered by Willing. He next proceeded fo Natchez, where 
ho was warmly w^elcomed as a former citizen and a peace- 
maker. The citizens very generally took the prescribed oath, 
and were pleased with his specious utterances. From Natchez 
he repaired to Ellis's Cliffs, where he landed at night, and sent 
an armed party to the residence of Colonel Anthony Hutchins, 
some three miles from the river. Colonel Hutchins was a 
prominent, influential, and active citizen of the district, and 
probably no man within its limits exercised greater influence. 
He had served as an officer in the British army, was a gentle- 
man of education and great force of character, and he had not 
taken the oath of neutrality by reason of his inability to travel 
to Natchez, being confined to his bed by illness. He sent his 
sons, however, to take the desired oath, with the assurance 
that he approved and would take it himself at the earliest 
opportunity. 

Arrived at the home of Colonel Hutchins, Willing's ruffians 
proceeded to insult the family, plunder the house of plate, 
money, and other valuables, carry off twelve valuable negro 
men, and concluded by dragging Colonel Hutchins from a bed 
of sickness and holding him a close prisoner. Other parties 
sent out by AVilling plundered and arrested several other 
planters. These, however, were released on taking the re- 
quired oath ; but, adds Claiborne, " He refuml to return the 



52 HISTORY OF MISSISSIPPI. 

jwojJCTfy lie had seized." At Manchac, on his way down, lie 
surprised an English merchantman at anchor, which he car- 
ried to New Orleans and sold. 

The people of the Natchez district applied to Governor 
Chester at Pensacola to place a garrison at Fort Panmiire. 
In response to this demand, one Captain Michael Jackson, with 
a company of infantry, was soon despatched to Natchez and 
took possession of Fort Panmure. The people soon learned 
that they had gained nothing in the way of protection to life 
and property, as Jackson and his men were of the same type 
as Willing. Cai)tain Jackson having incited numerous disor- 
ders, and hearing that Captain Foster had been sent to super- 
sede him, decamped suddenly and secretly with a squad of the 
most vicious and depraved of his soldiers, carrying with him 
all the property he could lay his hands on. All the officers 
and men who had acted v/itli Jackson were sent under guard 
to Pensacola, and several were ordered to be shot. 

The rule of the English in the province of West Florida was 
now drawing rapidly to a close. In 1779 England was at war 
with France, because of the assistance the latter had rendered 
the thirteen colonies of the North, then still struggling in a 
death grapple with England. The king of Spain had vent- 
ured to interpose for his cousin of France ; but his overtures 
having been scornfully rejected, Spain at once declared war 
against England on the '' point of honor. ^' 

Don Bernardo de Galvez was then civil and military governor 
of the Spanish province of Louisiana, and was probably the 
ablest, most active, and most aggressive Spanish official on the 
continent of North America. He proposed to drive the Brit- 
ish from the province of West Florida. The members of his 
cahiklo, or council, were averse to his plans ; but Galvez ]3aid 
little heed to their opposition and continued his pre2)arations 
for a movement against the English. On the 7th of Septem- 
ber, 1770, he stormed Fort Bute at Manchac. With some 
fifteen hundred men, he advanced rapidly up the river to 



"WUST FLORIDA'' DURING THE REVOLUTION. 53 







jsic^' 



■ciJ^u:,^^ 






Baton Rouge, a port commanded by Lieutenant- Colonel Dick- 
son of the lOtli Regiment, with a garrison of four hundred 
regulars, and one hundred and fifty 
militia of the country, with abund- 
antly ample supplies. One hundred 
and twenty of his soldiers were, how- 
ever, on the sick list, and not in con- 
dition for duty. 

Galvez opened his batteries of heavy 
artillery, and, after a withering fire of 
three hours, the British commander 
displayed a white flag and offered to 
surrender. He was allowed to retire 
to Pensacola, but he absolutely sur- 
rendered all the British posts, includ- 
ing Baton Rouge, Fort Panmure, Fort 
Bute, the posts on the Amite and Thompson's Creek, and 
the entire district of Natchez. 

Leaving Colonel Grand Pre in command of Fort Panmure, 
Galvez returned to New Orleans in January, 1780, and he pro- 
ceeded to reduce Mobile. In crossing Lake Pontchartrain he 
encountered a severe hurricane, which inflicted serious loss 
upon his flotilla and retarded his operations. But on the 
10th of March he entered the harbor, and on the 14th opened 
six batteries on Fort Charlotte. The British commandant, see- 
ing that there was a serious breach in his works, and observing 
that the Spanish forces were about to make an assault, capit- 
ulated, and surrendered Mobile and the whole country from 
the Perdido to Pearl River. 

The next objective point of assault for Galvez was Pensa- 
cola, the colonial seat of government for the province of West 
Florida. Knowing the strength of the place and its garrison, 
he went to Havana and procured reenforcements and a num- 
ber of heavy siege guns. His forces from New Orleans were 
transported by water to the Perdido and thence marched to 



54 HISTORY OF MISSISSIPPI. 

PensMCola, where Galvez was anxiously awaiting them with a 
formidable fleet and a regiment of veteran Spanish regulars. 

Galvez opened fire from his ships and shore batteries on 
April %, 1781^ and continued the bombardment for more 
than a month. The garrison made a stubborn resistance, 
but fortune again favored Galvez. An explosion of the maga- 
zine occurred on May 9, and it so weakened the works that 
a surrender became imperative. General Campbell surren- 
dered the garrison as prisoners of war. He also surrendered 
the entire province of West Florida^, after an occupancy by 
England of nearly eighteen years. 

Thus the territory embraced within the present limits of 
Mississippi had, in less than a quarter of a century, acknowl- 
edged the sovereignty and paid the tribute of obedience to 
three several foreign masters. 

Immediately following the surrender of Pensacola, strong 
garrisons of Spanish soldiers occupied Pensacola, Mobile, 
Baton Rouge, Manchac, Natchez, Nogales (now Vicksburg), 
and other minor points. 

The English governors of the colony were : first. Captain 
George Johnstone ; second. Governor Elliot ; third, the Hon. 
Montfort Brown ; and fourth and last, the Hon. Peter Chester. 
The colonial seat of government was at Pensacola during the 
entire years of English rule. 



QUESTIONS. 

Who was the next governor ? How were lands obtained ? What of 
Samuel Swayze ? What events occurred among the Atlantic colonies ? 
What was the first result to West Florida? Describe Willing's mission. 
How did he execute it ? What of Captain Jackson ? Why did Spain declare 
war against England? Who was Bernardo de Galvez? What did he 
propose to do ? Describe the expedition. What was the next object of 
attack? With what success? Describe the assault on Pensacola. What 
did General Campbell surrender ? Where were garrisons of Spanish sol- 
diers located? Who were the English governors of the colony ? 



EPOCH IV. 

Under the Broad Banner of Spain. 

CHAPTER XI. 



SPANISH RULE 11^ WEST FLORIDA. 




On the 3d of September 



DuRiN^G the continuance of 
the war and during the peace 
negotiations, Spain held West 
Florida by force of arms, with 
the gallant Galvez as governor, 
and England made no attempt 
to recapture it. An unsuccess- 
ful attempt, however, was made 
by the English-speaking inhabi- 
tants of the province to recap- 
ture Fort Panmure. They suc- 
ceeded in obtaining a surrender 
of the Spanish garrison at the 
fort, but their triumph was short 
lived. The conspirators were 
soon compelled to fly the coun- 
try; and, as the most of them 
carried their wives and children 
with them, their flight through 
the wilderness presents one of 
the saddest episodes of suffer- 
ing recorded in the early annals 
of the country. 
1783, the king of England, in 



56 HISTORY OF MISSISSIPPI. 

order to secure peace, formally ceded to the king of Spain 
the province of West Florida (and also East Florida) which 
Governor Galvez had conquered. This was done by a treaty 
between the two powers, signed at Versailles, one of the pal- 
aces of the king of France, near Paris. A separate treaty 
of peace between France and England Avas signed the same 
day at Versailles, by which important concessions were made 
to France. On the same day, at Paris, the second Treaty 
of Paris " was signed between the king of England and the 
United States of America, by which he recognized their inde- 
pendence and agreed on their boundaries. The southern 
boundary was fixed at the 31st parallel of north latitude, from 
the Mississippi Eiver to the Chattahoochee, and all lands north 
of this line and west of the Mississippi River were declared to 
be the territory of the United States. By reference to the 
map of West Florida it will be seen that more than half of 
that province lay north of parallel 31 north latitude, and was 
held by Spain. Out of these conflicting cessions and bounda- 
ries much trouble came, though Spain continued, as will be 
seen, to hold the territory in controversy and regarded it as 
her own. 

While the first impetus was given to immigration under 
English rule, the mildness of the Spanish governors added 
greatly to the influx of population. The Spaniards were 
Catholics, of course, but the Protestants were permitted to 
worship their Creator without interference, while they were 
modest in their devotions, and were not disposed to antago- 
nize the religion of the government. 

The grants of land were exceedingly liberal, and at trifling 
expense to the grantees. The holders of land were not re- 
quired to pay any taxes, nor was any other class of the popu- 
lation compelled to do military service. Debts were promptly 
collected. The usual process was by petition, setting forth 
the claim with all the attending circumstances of the debt. 
The Spanish authorities then appointed arbitrators to adju- 



Spanish Rule in west Florida. 



57 




dicate the question in dispute. The very best and most intel- 
ligent men in the community were invariably appointed as 
arbitrators^ and their decision was declared to be final. 

The first crop grown under the rule of the English, for 
exportation, was tobacco. The cultivation of tobacco was 
contiinied under the rule of the Span- 
iards, as the king of Spain, naturally 
desiring to encourage his own sub- 
jects, offered to purchase all of the 
tobacco grown in his province of Mis- 
sissippi, or '^ West Florida^" as it was 
then called, at the rate of ten dollars 
per hundred pounds. The usual yield 
of this crop on the virgin soil of Mis- 
sissippi was from fifteen hundred to 
two thousand pounds per acre. 

In 1787 General James Wilkinson, 
of the United States army, visited 
Governor Miro, and exhibited some 
superior specimens of tobacco grown in Kentucky and Tennes- 
see. These pleased him so much that he at once reported the 
incident to the home government at Madrid, and the king 
was induced to withdraw his order for the purchase of all the 
tobacco grown in his own colony. There was some policy, 
however, on the part of the Spanish government. The king 
of Spain was at that time endeavoring to detach the people of 
the territories of Kentucky and Tennessee from the Union, 
offering them the free navigation of the River Mississippi. 

The refusal of the king of Spain to continue the purchase 
of tobacco from his subjects in this colony induced the farm- 
ers of Mississippi to turn their attention to the cultivation of 
the indigo plant. Indigo usually commanded from one dollar 
and a half to two dollars and a half a pound, and was consid- 
ered a remunerative crop until 1795, when it was finally aban- 
doned. The reason for this was that the plant was assailed by a 



TOBACCO PLANT. 



58 HISTORY OF MISSISSIPPI. 

small insect tluit devoured the leaves and buds, and eventually 
destroyed the plant. 

The farmers of Mississippi next gave their attention to 
the cultivation of cotton. The first mention of the cotton- 
plant in Mississij^pi was made by Charlevoix, who saw some 
plants growing in a garden at Natchez in 1722, seven years 
before the garrison at Fort Rosalie was massacred. Bienville 
also wrote, in 1735, that cotton grew well on the Mississippi ; 
while Vaudreuil, in 174(3, informed the home government that 
cotton had been received in New Orleans from " the Illinois.'''' 

It is well to remember that the French called everything 
above the mouth of the Yazoo River '^ the Illinois.'" It is 
quite probable that the cotton referred to by the Marquis de 
Vaudreuil was grown in the vicinity of '^'^ Arkansas Post,"' 
where a settlement was early made by the French. 

There was found great difficulty in supplying the farmers 
with cotton seed. The first seed were obtained from the island 
of Jamaica and the Atlantic State of Georgia. These were 
black seed, producing a fine, silken fibre, and of good staple. 
The next seed were obtained from the Cumberland Valley, in 
Tennessee. These were of the green seed variety, and pro- 
duced a short staple, coarse-fibred, inferior cotton. The next 
variety produced was from seed brought from Mexico, which 
subsequently became known as the Petit Gulf seed, which was 
very successfully cultivated on the cane hills of Jefferson 
County, in the rear of the Petit Gulf, now known as Rodney. 

The introduction of Mexican cotton seed is believed to have 
been due to the late Walter Burling, a former citizen of 
Natchez. In 1806 he was in the City of Mexico, on a public 
mission of some sort, and, when dining one day with the 
viceroy of Mexico, the conversation drifted to the agricultural 
products of Mexico, when Mr. Burling requested permission 
to take to Mississippi a quantity of cotton seed, which was 
promptly refused, as being contrary to the orders of the gov- 
ernment of Old Spain. 



SPANISH Rule in West Florida. 



59 



The viceroy, however, added sportively, that Mr. Burling 
could take as many dolls home with him as he chose ; the 
dolls being understood to he stuffed with cotton seed. Mr. Bur- 
ling acted on the hint and the permission thus given, and to 
him is due the credit of introducing into this State the Mexi- 
can cotton seed. 

These seeds were the germs of all the known varieties of the 
present day, and were undeniably the foundation of the mag- 
nificent wealth and progress of the cotton culture in Missis- 
sippi, and her sister States in the cotton-producing zone. 

The invention of the cotton-gin stand, by Eli AYhitney, in 
1794, gave a great and immediate impulse to the production 




WHITNEY COTTON-GIN. 



of cotton in the Southern States. Prior to the invention of 
Whitney, the process of separating the fibre from the seed was 
slow and tedious — nothing less than the use of the fingers in 
picking the fibre from the seed, usually at night around the 
fireside, by members of the planter's family. 

In 1796 an ingenious mechanic, named David Greenleaf, 
commenced the construction of cotton-gin stands in the vicin- 
ity of Natchez. 

Cotton was first put in long bags, as is the custom of 



60 HISTORY OF MISSISSIPPI. 

putting up sea-island cotton to-day. The rude wooden box, 
or press, worked by levers, was next employed. The first screw 
press was made in Philadelphia for Sir William Dunbar, after 
a model furnished by himself. Its cost was over a thousand 
'dollars, and on its arrival at the plantation he wrote his corre- 
spondent at Philadelphia : ^' I shall endeavor to indemnify 
myself for the cost by making cotton-seed oil. It will prob- 
ably be of a grade between the drying and fat oils, resembling 
that made from linseed in color and tenacity, but less drying. 
AVhere shall a market be found for such an oil?^' 

This was the first suggestion ever made for the extraction 
of oil from cotton seed — a business that has to-day grown 
to enormous proportions in the cotton-growing States of the 
American Union, producing an aggregate value of products 
worth from twenty-five to thirty millions annually. It is 
gratifying to know that the idea had its birth in the brain of 
a Mississippi cotton j)lanter, a gentleman of education, char- 
acter, sagacity, and intelligence, whose remains now repose in 
the soil of the State. The dream of Sir William Dunbar has 
been realized in fabulous proportions. 

QUESTIONS. 

How did Spain first hold West Florida? What was the result of an 
effort to regain possession of Fort Panmure? When was the province 
formally ceded to Spain? What conflicting treaty was signed the same 
day ? What gave the first impetus to immigration ? What was the policy 
of the Spanish governors? As to taxes, debts, service, etc.? What sort 
of men were appointed arbitrators? What was the first crop grown 
under English rule ? What offer did the king of Spain make, and with 
what result? What policy attended the withdrawal of his offer? What 
of the indigo plant ? What can you say of the first mention of the 
cotton plant? Where were the first seed supposed to have been obtained? 
Other varieties? What of Mr. Burling of Natchez and the dolls? When 
and by whom was the cotton gin invented? What was the effect of tliis 
invention? What of the screw press? By whom was the first suggestion 
of cotton-seed oil made ? 



CHAPTER XII. 



Georgia's claims. 



-TREATY AVITH SPAIN. 
SETTLED. 



BOUNDARIES 




w\' 



MANUEL GAYOSO UB LEMOS. 



The Spanish authorities were greatly 
disturbed by the action of the Georgia 
legishiture^ in the year 1785, in estab- 
lishing the county of ^' Bourbon " in 
whfit Georgia claimed to be her own 
territory. 

This county of Bourbon compre- 
hended all the territory embraced in 
the present well-known counties of 
AVarren, Claiborne, Jefferson, Adams, 
Franklin, Wilkinson, and Amite. 
Fourteen magistrates were appointed 
for the county, and a land office was 
opened in the disputed district, for the sale of land, at a rate 
not exceeding twenty-five cents an acre. 

It will be remembered that by the original grants from the 
king of England to the lords proprietors of North and South 
Carolina the boundaries of these States were made to extend 
from the Atlantic Ocean on the east to the '' South Sea." 

The charters of several other English colonies extended 
their territory westward to the " South Sea," or "from sea to 
sea." With a better knowledge of the geography of the conti- 
nent, it was discovered that the Pacific Ocean lay on the Avest, 
and the colonies whose charters contained the " South Sea " 
or " sea to sea " limit were entitled to the territory across the 
entire continent, so far as it was in the power of the king of 
England to give the title. But the king oiUy owned the land 



62 HISTORY OF MISSISSIPPI. 

to the Mississippi, and when the treaty of Paris was made, the 
Americans ' claimed and secured that river as the western 
boundary under the '^sea to sea"^ and ^'^ South Sea ^^ charters. 

It is a curious but interesting fact, that, by this interpreta- 
tion of the grant to the lords proprietors of the colony of 
South Carolina, that colony became possessed of a narrow strip 
of territory, twelve miles wide only and four hundred miles 
long, extending from the mouth of the Tugaloo River, on the 
line between Georgia and South Carolina, due west, to the 
Mississippi River. South Carolina, in March, 1786, ceded 
this strip to the United States. Congress called the strip the 
^^ territory south of Tennessee." 

The original territory of Georgia was a grant to Oglethorpe 
and a board of trustees. The land was a comparatively small 
tract between the Savannah and Altamaha Rivers, and was 
governed by the trustees for several years. In 1752 the king 
of England, by royal proclamation, converted the colony of 
Georgia into a royal province whose boundary should extend 
between parallel lines from the Savannah and Altamaha Rivers 
westward to the " South Sea,'" just as the grants to other 
colonies h*ad been expressed. In 1763 he added to the province 
of Georgia the land lying between the Altamaha and the St. 
Mary's River, and in 1765 the commission to the governor 
of Georgia defined that province as extending to the Missis- 
sippi. This constituted the basis of Georgia's claim, which 
she now so vigorously asserted. The United States conceded 
Georgia's claim to all land between West Florida and the strip 
ceded by South Carolina, but refused to recognize her claim to 
any part of British West Florida, because, as it had been made 
a distinct royal j^rovince by the king, and its northern limit 
fixed in 1767, it could not have been a part of Georgia. 

In 1789 the State of Georgia, determining still further 
to assert her authority over the territory she claimed, sold 
five million acres of land in Mississippi to the South Caro- 
lina Yazoo Company, for sixty-five thousand dollars. To a 



GEORGIA'S CLAUIS. 63 

Virginia comi^any she sold seven million acres for ninety- 
three thousand dollars. The first sale embraced what now 
constitutes the central counties of the State, and the second 
sale comprised a vast proportion of the northern counties. For 
forty-six thousand dollars she also sold to a Tennessee com- 
pany three and a half million acres, which included a portion 
of the northern counties of Alabama. The purchasers of these 
lands, alarmed by the various titles of -divers parties, refused 
to comply with their contracts, and the legislature rescinded 
the sale. ^ 

Georgia, however, was resolved not only to enforce her 
rights, but to remove the obstacles to the settlement of her 
lands. For this purpose the legislature passed an act, ap- 
proved February 7, 1795, by which she sold twenty-one million 
five hundred thousand acres of land, for five millions of dollars, 
to four companies, composed chiefly of her own citizens. 

AYliile the bill was pending in the legislature, charges were 
openly made that the passage of the bill was to be secured by 
bribery ; but when the bill Avas passed, and the ajiproval of 
the governor made it the law of the land, the excitement knew 
no bounds. The people were aroused, and the cry of " repeal " 
was sounded from the mountains to the sea-shore. 

The contest Avas long, exciting, and bitter ; but at the next 
election a majority of the legislature was elected who Avere in 
favor of repealing the law that the people believed had been 
passed by the giving of bribes to members. When the legis- 
lature assembled in 1796, a bill Avas promptly passed repealing 
the obnoxious act of the previous session, and the original 
records were ordered to be publicly burned. 

This was accordingly done, but, to make the public indig- 
nation more emphatic, these records Avere piled in the open 
space in front of the State House, and burned by fire draAvn 
by a convex lens from the sun. Thus the original rec- 
ords of this odious laAV v/ere burned by fire literally draAvn 
from the heavens. 



64 HISTORY OF MISSISSIPPI. 

Shortly before tliis time an event lia,d occurred which is not 
generally known, and which will be of interest to all Missis- 
sippians. General Andrew Jackson was married at the home 
of the Hon. Thomas Marston Green, on the northern bank of 
Coles Creek, in what is now known as Jefferson County, in the 
summer of 1791, to Mrs. Rachel Robards. Mrs. Robards had 
been spending nearly a year with friends in the Natchez 
district, and the ceremony was performed by Colonel Thomas 
Green, who acted in his capacity of magistrate in and for 
Bourbon County. • 

Meanwhile, the United States had been trying for years to 
reach an agreement with Spain for the peaceable surrender 
of that part of West Florida which Spain occupied and claimed, 
but which the king of England had declared to be a part 
of the United States. Finally Mr. Pinckney of South Carolina 
was sent as minister to Spain to settle the matter, and he 
succeeded after many delays in securing from Spain an agree- 
ment to recognize the boundary fixed by the Treaty of Paris, 
as the line between the United States and the Spanish terri- 
tory. A treaty was signed at Madrid on the 27th of October, 
1795, by which it was stipulated that the southern boundary 
of the United States should be the line of the thirty-first degree 
of north latitude. The treaty also provided, '^ That all Spanish 
posts north of this line should be removed within six months, 
and American posts, and inhabitants living south of it, should 
be removed within the same period. ^^ 

Spain w^as to hold the territory until the boundary line was 
located by a joint commission and finally established. Andrew 
Ellicott was appointed the astronomer for the American branch 
of the commission to run out the boundary line, and, while 
it Avas provided that the boundary line should be established 
within the next six months, more than sixteen months elapsed 
before Ellicott reached Natchez. 

Andrew Ellicott immediately grew very unpopular with the 
English-speaking portion of the inhabitants of the district. 



Boundaries Settled. 



65 



and continued exceedingly distasteful to the decent and or- 
derly population of the country as long as he remained in it. 

Captain Isaac Guion was ordered by General Wilkinson 

then the commander of the United States army — with a 
strong detachment of infantry and artillery, to Natchez, in 
order to take possession of the country, its forts, etc., as soon 
as the Spanish authorities should retire from and relinquish 
the territory. After several months' delay, Natchez was 
finally surrendered to him, March 30, 1798, and a few days 
later Fort Nogales was turned over to Major Kersey, who, 
with a detachment of United States troops, took immediate 
possession. 

During the interval between the retirement of the Spanish 
authorities and the establishment of a territorial government 
by Congress, Major Guion, who had in the meantime been 
promoted to the rank of major, remained the j^i'incipal mili- 
tary and civil officer ; and, from all concurrent testimony, no 
more peaceful condition, no better order, with less of lawless- 
ness and violence, had ever been maintained before or since. 

It is a matter of interest to know, that for a few days in 
February, 1798, Louis Philippe, then 
Duke of Orleans, was the guest of Major 
Guion. A letter of introduction from 
General Wilkinson contained this para- 
graph : " Wlien you receive this letter 
you will probably see the future king of 
France.'^ General AVilkinson was right 
in his prophecy. Louis Philippe, the 
Duke of Orleans, ascended the French 
throne in the year 1830. 

The work of establishing the bound- 
ary line between the possessions of Spain 
and the United States was, after the 

retirement of Governor Gayoso, on the part of Spain con- 
ducted by Don Stephen Minor as commissioner, and Sir 




STEPHEN MINOR. 



66 HISTORY OF MISSISSIPPI. 

William Dunbar as astronomer, with a surveyor and a military- 
guard. 

The American branch of the commission consisted of 
Andrew Ellicott as astronomer, Major Thomas Freeman as 
surveyor, the necessary axemen, and a military guard. 

The Spanish officials who bore sway in this district were 
the following : 

First, Sen or Francis Collet ; second. Colonel Trevino ; third, 
Don Estevan Miro ; fourth, Seiior Piernas ; fifth, Don Francis 
Bouligny ; sixth, Don Carlos Grand Pre ; seventh, Don Manuel 
Gayoso de Lemos ; and eighth and last was Captain Stephen 
Minor, who was the last Spanish official in the territory of 
Mississippi. 

They had their headquarters at Natchez. 

QUESTIONS. 

What of the Georgia legislature and the county of Bourbon ? Where 
was it located ? What provision was made for its government and for 
sale of lands ? What expression was used to define the western boundary 
of the Carolinas ? What of other colonies ? How was this interpreted ? 
What were the original boundaries of the State of Georgia ? What 
constituted the basis of Georgia's claim? Did the United States recog- 
nize it ? What can you say of ' ' the twelve-mile strip" ? In 1789 wliat sale 
of lands was made by the State of Georgia ? What was the result ? What 
act did the Georgia legislature pass in 1795 ? What was the consequence ? 
How was the public indignation expressed ? What interesting event 
occurred about this time ? How was the disputed boundary settled with 
Spain ? Who was appointed astronomer for the joint commission ? How 
long before Ellicott reached Natchez ? What is said of him ? What was 
Captain Guion's mission to Natchez ? What is said of Major Guion as 
an officer ? What is said of his royal guest, Louis Philippe ? Who 
were the Spanish and American members of the commission for estab- 
lishing the boundary line ? Give the names of the Spanish officials in 
Mississippi, 



EPOCH V. 

Under the Stars and Stripes. 



OIIAPTEK XIII. 

MISSISSIPPI TERKITORY ORGANIZED.— GOVERNOR SARGENT'S 
ADMIIS'ISTRATIOX. 



By an act of Con- 
gress approved April 7, 
1798, it was declared 
" that all that tract of 
country bounded on 
the west by the Mis- 
sissii^pi, on the north 
by a line to be drawn 
due east from the 
mouth of the Yazoo 
to the Chattahoochee 
Eiver, on the east by 
the Chattahoochee 
River, on the south by 
the thirty-first degree 
of north latitude, shall 
be and is hereby con- 
stituted one district, 
to be called the Mis- 
sissippi Territory/* 

By referring to the 
map of Mississippi 
Territorv, it will bo 




LOCATING TPJ? POUNPARY LIN^. 



68 



HISTORY OF MISSISSIPPI. 



noticed that, as first organized, its greatest length was from 
east to west, while its width from north to south was only about 
a hundred miles, and the reasons for this would be of interest. 
Congress had been very careful to include in the newly formed 
Territory of Mississippi only those lands lying within the 
limits of the old British province of AVest Florida. The 




line passing through the mouth of the Yazoo Eiver was fixed 
as its northern limit, so as not to include any of the territory 
which Congress recognized as belonging to Georgia. As an 
additional guarantee, however, that* Georgia was not to be de- 
prived by force of any possible rights she might have in the 
old AVest Florida district, a special declaration to that effect 
was inserted in the act organizing the new Territory. 

Congress reserved the right to divide the Mississippi Terri- 



Mississippi territory Organized. 69 

tory into two districts, and declared that the estahlishment of 
the Territorial government should in no wise impair the rights 
of Georgia in the Territory. It also declared it unlawful to 
bring into the Territory slaves from any foreign country. 

The President of the United States was authorized by the 
same act of Congress to establish in the Territory a govern- 
ment in all respects similar to that in the Territory northwest 
of the Ohio (except that the clause prohibiting the introduction 
of slavery was excluded), and, with the consent of the Senate, 
was to appoint the necessary officers. 

In order to understand the details of the government which 
the President was authorized to Establish, we must consult the 
act organizing the Territorial government northwest of the 
Ohio. This act provided that the governor and the three 
judges, all appointed by the President, should be, or a major- 
ity of them, empowered '^to adoj^t and publish in the district 
such law^s of the original States, civil and criminal, as may be 
necessary, and best suited to the circumstances.^^ 

The general assembly, or Territorial legislature, was to con- 
sist of the governor, legislative council, and a house of repre- 
sentatives. At a meeting in joint assembly that body was 
empowered to elect a Territorial delegate to the national House 
of Kepresentatives, who should have the right to debate any 
question before the House, but should not be entitled to vote 
on any question whatever. The council was to be composed 
of five members, and to continue in office for five years. The 
legislature was to send up ten names, and from these names 
it was the duty of Congress to choose five as members of the 
council. The secretary of the Territory was authorized to 
perform the duties of the governor in case of the absence or 
inability of the executive to discharge the duties of his office. 

But immediately after the passage of the law creating the 
Territorial government of Mississippi, Georgia entered a very 
vigorous and solemn protest against the action of Congress, as 
a trespass on her rights in the premises. 



70 HISTORY OF MISSISSIPPI. 

President Adams appointed Major Winthrop Sargent gov- 
ernor, and John Steele secretary of the Territory. Winthrop 
Sargent was a native of Massachusetts, and had served in the 
continental army with considerable distinction. When he was 
appointed governor he was serving as secretary of the Terri- 
tory northwest of the Ohio. 

Governor Sargent was a man of intellect, integrity, and 
courage, but he was cold, morose, austere, and suspicious. He 
was a gentleman of most repellent manners. He was con- 
stantly engaged in wrangling with the best men of the Terri- 
tory, and after spending nearly two years in the office of gov- 
ernor, most unliap23ily for himself, he voluntarily retired from 
the Territory. 

Governor Sargent arrived in Natchez August 6, 1798, and 
left the country on the fourth day of April, 1800. He left his 
infirm secretary, John Steele, to perform the double duty of 
governor and secretary. During his administration of less than 
two years, he had organized only three counties in the Terri- 
tory. The first was the county of Adams, originally embracing 
the entire territory comprised in the joresent counties of Adams, 
Wilkinson, Amite, and Franklin. The next county organized 
by Governor Sargent was the county of Pickering, embracing 
all the territory of the present counties of Jefferson and Clai- 
borne. The last county organized by him was the county of 
Washington. 

Whatever may be said of Governor Sargent, it must be 
acknowledged that, in the organization of the counties, he had 
exceedingly broad and comprehensive views. The last county 
that he organized, that of Washington, extended across the 
State of Alabama, between the thirty-first parallel and the 
" old Choctaw liue.''^ That State, it will be remembered, con- 
stituted a component portion of the Mississippi Territory as 
originally organized. 

Under an act of Congress approved May 10, 1800, the rep- 
resentation in the Territorial legislature was apportioned. By 



Governor Sargent's Administration. 71 

this apportionment Adams County became entitled to four 
representatives, and Pickering was entitled to four, and the 
Tombigbee and Tickfaw settlements, comprised in the county 
of Washington, were entitled to one representative. This act 
provided that representatives should be elected on the fourth 
Monday in July, and that the legislature should convene in 
the town of Natchez on the fourth Monday in September. It 
also provided for a regular meeting of the legislature once a 
year. 

Section 10 of this act authorized the appointment of com- 
missioners to compromise and settle the adverse claim of 
Georgia to the Territory of Mississippi. These commissioners 
reached an agreement by which Georgia surrendered all right 
and title to the Territory of Mississippi to the United States. 
The same commissioners also finally settled the disputes with 
the purchasers of land under the celebrated '' Yazoo Land 
Companies,^' which sales had previously been formally repudi- 
ated by the State of Georgia. 

Governor Sargent and the three Territorial judges, whom 
President Adams had appointed, were empowered, as has been 
stated, to frame a code of laws for the government of the 
Territory, to be drawn from the statutes of the other States. 
This they did not do, however. 

They proceeded to frame a code of laws to suit themselves, 
directly at variance with all statute law in America, and 
utterly repugnant to any known system of jurisprudence de- 
rived from the common law of England. They made the 
crime of treason, for instance, punishable with the death pen- 
alty ; and, in addition to this punishment, the law authorized 
the confiscation of the property of the accused, for the benefit 
of the Territorial government. 

Among other delightful statutes framed by this quartet of 
jurists was one fixing marriage liceuses and licenses to keep 
tavern at eight dollars, and, by a curious coincidence, the price 
of these licenses flowed directly into the 2:)ockets of the gov- 



72 HISTORY OF MISSISSIPPI. 

ernor himself. Another curious fact was, that the judges 
themselves charged fees for all legal processes issued from their 
court, notwithstanding they were paid a salary from the treas- 
ury of the nation. Of the three judges elevated to the bench 
by President Adams only one was a lawyer. Two of the laws 
were in direct conflict with the Constitution of the United 
States. 

Such obnoxious laws very naturally made the governor and 
each of the judges exceedingly unpopular, and, coupled with 
the morose, austere character of Governor Sargent, filled the 
people with discontent and dissatisfaction. 

In 1800 the first census of the population of the United 
States was taken, and by this the population of the Territory 
was 8,850. It is certain, however, that the population ex- 
ceeded that number, as the Territory then included all of the 
present State of Alabama. 

QUESTIONS. 

By cact of Congress, in 1798, what were made the boundary Hnes of the 
Territory of Mississippi ? What authority was given the President of the 
United States ? What right did Congress reserve ? What action was 
taken in regard to the rights of Georgia ? What in regard to slaves ? 
What provision was made for adopting a code of laws ? Of what was 
the General Assembly to consist ? How was a delegate to the national 
House of Representatives to be elected ? What rights should he have ? 
How was the council chosen ? What of the secretary of the Territory ? 
What did Georgia do ? Who was appointed governor ? Who was sec- 
retary ? What is said of Governor Sargent ? When did he arrive in 
Natchez, and how long did he serve ? What counties did he organize, 
and what was their extent ? To how many representatives was each of 
the counties entitled ? When and where should the legislature meet ? 
What became of Georgia's claim 'i From what source was the code of 
laws to be drawn ? Give some of the provisions of their code. What was 
the effect of such obnoxious laws ? 



CHAPTER XIV. 

ADMINISTRATIONS OF GOVERNORS CLAIBORNE AND 
WILLIAMS. 




r \ 



On the 10th of July, 1801, 
President Jefferson appointed 
William Charles Cole Claiborne 
to succeed Winthrop Sargent as 
governor of the Territory of 
Mississippi. Governor Claiborne 
was a native of A^irginia, edu- 
cated in that State, and after 
completing his education deter- 
mined to adopt the profession 
of law. He was licensed in his 
native State, and removed to 
Nashville, Tenn., where he soon 
succeeded in establishing an ex- 
tensive and lucrative practice. 
He served as one of the Judges of sujoerior court of Tennessee. 
He subsequently served four years in Congress from that State. 
Governor Claiborne arrived at Natchez on the twenty-second 
day of November, 1801, and he at once won all hearts by his 
frank and genial manners. There could have been no more 
strongly marked contrast between individuals than was pre- 
sented by the manly, handsome, winning young Virginian, 
and the cold, austere, and suspicious nature of Winthrop 
Sargent. 

He addressed himself at once to the best interests of the 
Territory, and one of his first acts was to negotiate treaties with 



U History of Mississippi. 

the Indians, by wliich he secured a cession of a large body of 
land by the Choctaws, and the right to build two great roads 
through the lands of both the Choctaws and Chickasaws from 
Natchez to the State of Tennessee. 

In a letter to Mr. Madison, bearing date December 20, 1801, 
he remarks : '^ The river front here is thronged with boats 
from the West. Great quantities of flour and other produce 
continually pass. Cotton, the staple of the Territory, has been 
very productive and remunerative. I have heard it suggested 
by our business men that the aggregate sales this season will 
exceed seven hundred thousand dollars — a large revenue for a 
people whose numbers are about nine thousand, of all ages and 
colors.^' 

In December, 1801, the legislature elected Captain Nars- 
worthy Hunter, a native of Virginia, as a Territorial delegate 
in the national House of Re2)resentatives. Captain Hunter 
died at the capital of the Union in the following March, and 
Colonel Thomas Marston Green was chosen to fill his place. 

In the year 1802 the seat of the Territorial government was 
removed from Natchez to the town of Washington, six miles 
east of the former place. Governor Claiborne purchased, by 
authority from the War Department, fifty acres of land for a 
cantonment, some four hundred yards outside of the corpora- 
tion limits of the town of Washington. A fort was erected on 
the cantonment and called Fort Dearborn, and this became 
the camping ground for years for all the United States troops 
in this quarter of the country. 

In the year 1802, under the auspices of Governor Claiborne, 
the Territorial legislature founded the Jefferson College near 
the town of Washington. This was the first college established 
in the Territory, and it is gratifying to note that, after a lapse 
of nearly a century, the college is still open to the youth of the 
country. 

At the same session the legislature passed a law for organ- 
izing the militia of the Territory, and subsequent events proved 



Governor Claiborne's Adjministration. 75 

the wisdom of their course. Three new counties were also 
organized — Claiborne, which was named in honor of the pop- 
ular governor ; Wilkinson, which was named for General 
Wilkinson, who had commanded in Louisiana ; and Wayne, 
after General Anthony AVayne of Revolutionary fame. The 




name of Pickering County was changed to Jefferson, after 
Claiborne County had been taken from it. 

The commission of John Steele as secretary of the Territory 
having exj^ired by limitation. Colonel Cato West was appointed 
in his stead, and on the twelfth day of March the two Houses 
elected Dr. William Lattimore, of Natchez, a delegate for the 
Territory, Colonel Thomas Marston Green having declined a 
reelection. 

The service of Governor Claiborne was drawing rapidly to a 



76 HISTORY OF MISSISSIPPI. 

close in the Mississippi Territory. Spain^ after holding the 
province of Louisiana since the Peace of Paris in 1763, had 
been forced by Bonaparte to cede it back to France by a recent 
treaty, and President Jefferson had bought the whole province 
from France. Governor Claiborne Avas appointed, in con- 
junction with General Wilkinson, a commissioner to receive 
Louisiana from the official empowered by the French govern- 
ment to make the transfer. He left Natchez on the second 
day of December, 1803, leaving Colonel Cato West, the effi- 
cient secretary of the Territory, as governor in his absence. 

The most important event of the year 1804 to the Territory 
of Mississippi was the extension of its northern boundary to 
the Tennessee line. This was done by an act of Congress, and 
the lands added lay in two distinct bodies. The first of these 
was the twelve-mile strip lying south of Tennessee, between 
the Mississipi^i River and the western boundary line of Georgia. 
This, as has already been told, was ceded to the United States 
by the State of South Carolina in 1786, and had been held by 
the United States ever since. Congress now added it to the 
State of Georgia, and thus it happens that a portion of the 
territory originally granted to the lords proprietor of South 
Carolina by the crown of England forms to-day a part of the 
present State of Mississippi, a fact very little known. 

The other addition was by far the larger, and included more 
than half of the present States of Mississippi and Alabama. 
It comprised the lands which had been recognized as Georgia's 
territory. Georgia had ceded this great body of land to the 
United States in 1802, and at the same time had relinquished 
her old claim on the land of the original territory of Missis- 
sippi. The United States paid Georgia a very large price for 
her cession. The considerations were as follows : 

The United States ceded to Georgia that portion of the 
twelve-mile strip of South Carolina which lay north of the 
present State of Georgia. The United States agreed to pay 
the State of Georgia 11,250,000 in money out of the first 



Governor Willi a3is's Adjiinistration. 77 

proceeds of the sale of land. After this i^ayment all the pro- 
ceeds from the sale of these lauds were to go into the public 
treasury to be distributed as the other public laud funds, of 
which Georgia would of course get her share. All the land in 
the State of Georgia which was then owned by Indians was to 
be bought by the United States, and delivered to the State of 
Georgia free of cost to her. This cost the United States sev- 
eral million dollars. All the settlers in Mississippi who had 
bought lands from the State of Georgia were to be secured 
in the possession of their property. And, finally, the terri- 
tory ceded was to be admitted into the Union as a State as 
soon as the population numbered sixty thousand. 

Georgia on her part agreed to pay over to the United States 
treasury the money she had received from the Mississij)pi 
Companies for the sale of lands in Mississi^ipi Territory. 

On the 1st of October, 1804, William C. C. Claiborne was 
appointed the governor of the Territory of Orleans. 

Eobert Williams, a native of Xorth Carolina, who had served 
as a member of Congress from his native State, was appointed 
as the successor of Governor Claiborne, being the third gov- 
ernor of the Mississippi Territory in seven years. Governor 
Williams was a man of little ability. He was not a man of 
pleasing or conciliatory address, and his manners were too 
peremptory and abrupt to jilease the intelligent and cultivated 
2^eople he was sent to govern. He arrived at Washington, then 
the seat of the Territorial government, on January 26, 1805, 
and was welcomed by a public dinner given by the most prom- 
inent citizens of the capital. 

Cowles j\Iead, a lawyer of ability and a native of Virginia, 
was appointed secretary of the Territory. 

Governor AVilliams left the Territory on a visit to his old 
home in North Carolina in April, 180G. The air was then 
thick with rumors of a formidable and mysterious expedition 
under the command of Colonel Aaron Burr, a former Vice- 
President of the United States, and Secretarv and Acting 



78 History of Mississippi. 



Governor Mead proceeded to make the most of it. He organ- 
ized several regiments of volunteers in the Territory, and 
placed the country on a regular war footing. 

Colonel Burr, early in January, 1807, with a flotilla of flat- 
boats, landed on the shore of Louisiana, opposite to Bruins- 
burg, in the present county of Claiborne. There has nothing 
been witnessed since that day that produced more excitement 
than the Burr episode. Acting Governor Mead despatched two 
of his staff officers, the Hon. George Poindexter and the Hon. 
William B. Shields, to interview Colonel Burr in Louisiana. 
The result of the interview was a meeting near the mouth of 
Coles Creek the next morning between the governor and 
Colonel Burr. At this meeting Colonel Burr surrendered to 
Governor Mead, and Avas immediately escorted to Washington, 
the Territorial capital, by Majors Poindexter and Shields. 

Colonel Burr was held in a bond of five thousand dollars, 
with two sureties for his appearance at a called session of the 
superior court of the Territory, on the second day of Febru- 
ary, 1807, and from day to day until discharged by the court. 
He apj)eared in court on the day named, and for several days, 
2^repared to meet any charges presented against him ; but on 
Thursday morning he did not appear, and in a day or two it 
was ascertained that the bird had flown. 

Governor Williams, having returned about this time from his 
visit to North Carolina, assumed the discharge of his official 
duties, and on the sixth day of February, 1807, issued his 
joroclamation, offering a reward of two thousand dollars for the 
arrest of Colonel Burr, and his delivery to the governor at the 
capital, or to the President of the United States at Washing- 
ton. Colonel Burr was arrested near Fort Stoddard, in what 
is now the State of Alabama, and was sent under guard to the 
national capital at Washington, in the District of Columbia. 
He was subsequently tried before the United States court at 
Richmond, Va., and acquitted. 

On the 9tli of January, 1808, Congress took the election of 



GOVERNOR WiLLIAiMS'S ADMINISTRATION. 79 

delegates to Congress from the Territorial legislature, and 
gave the people the privilege of electing their own delegate. 
This change was gratifying to the people generally, but espe- 
cially to the candidates. 

At its regular session in January, 1809, the legislature 
created four new counties. One of these was named Franklin, 
in honor of Benjamin Franklin, the distinguished statesman, 
philosopher, and patriot ; and the county site was called Mead- 
ville, after the jDo^mlar secretary of the Territory. 

The second county was called Amite, and took its name 
from the river which the French had called ''Amite.'' The 
town of Liberty was laid off as the county site of this county, 
and here, as early as 1812, Ludwick Hall published one of 
the pioneer papers of the Territory, called the Republicmi. 

The third county was named Warren, in honor of General 
Joseph Warren of Revolutionary fame. The court-house was 
first established at AYarrenton, where it remained until 1836. 

The last was called Wayne„ in memory of General Anthony 
Wayne, the " Mad Anthony " of the Revolution. 

The Territory during the past four years had been con- 
stantly improving and the population steadily increasing, but 
there was no increase in the popularity of Governor Williams. 
On the contrary, he became daily more and more unpopular. 

QUESTIONS. 

What of Governor Claiborne ? When did he arrive in Natchez ? 
Give his letter to Mr. Madison. Who was elected delegate to the 
national House of Representatives in 1801 ? Who succeeded him ? To 
what place was the seat of government removed ? What of Fort Dear- 
born ? What of Jefferson College ? W^here was Governor Claiborne 
sent ? Who performed the duties of his office during his absence ? 
Who succeeded him as governor ? What is said of him ? What of 
Cowles Mead ? Give the incidents about Burr. What change was 
made in the manner of electing delegates to Congress ? What coun- 
ties were organized in January, 1809 ? How were these counties named ? 



CHAPTER XY. 

ADMINISTRATION OF GOVERNOR HOLMES — WAR OF 1812. 

James Madison became President of the United States on 
the 4th of March, 1809, and in the same month he removed 
Governor Williams, and appointed David Holmes of Virginia 
governor of Mississij^pi Territory. David Holmes was born 
in Frederick County, Va. He had served in Congress from 
his native State for twelve years, and his appointment as 
governor of this distant Territory induced many of his Vir- 
ginia friends to remove to Mississippi, and take up their resi- 
dence in this fertile region. His administration, extending 
over a period of more than eight years, was a most eventful 
one. He found the people over whom he had been called to 
rule surrounded on the north and east by bloodthirsty and 
treacherous Indians, who were daily growing more hostile. 
Tecumseh, the most renowned warrior of the Shawnee Indians, 
living north of the Ohio, and brother of the celebrated 
" Projihet,^^ had recently visited the Choctaw^s, the Creeks, 
and Seminoles, and by his fiery and impassioned eloquence 
had aroused those tribes to the highest resentment against the 
whites. 

Along the south line of the Territory lay Spanish West 
Florida, held by Spanish officials, wdio were very bitter 
against the United States. They had been interfering with 
American traders passing up and down Mobile Bay, and incit- 
ing the Indians to attack the settlers. Scattered over West 
Florida were American settlers who had grown impatient of 
Spanish rule, and in 1805 had taken up arms against it. 
These settlers were not only Americans, but were in many 



Governor Holmes' s Administration. 81 



instances old neighbors, friends, and even relatives of the 
people of Mississippi Territory, who felt intense sympathy for 




TECUMSEH. 



them, and who were holding themselves ready at a moment's 
warning to render whatever assistance might be necessary. In 
1810 the crisis came, and the Americans in Spanish Florida 
6 



82 HISTORY OF MISSISSIPPI. 

took up arms a second time against the rule of Spain. They 
assembled at Baton Rouge, declared their independence, and 
applied for admission to the Union as the " State of West 
Florida/' President Madison responded that '' West Florida " 
already belonged to the United States, as a part of the Louis- 
iana purchase, and in October he issued a proclamation, 
ordering Governor Claiborne of the " Territory of Orleans '^ to 
occupy and hold the district. This Governor Claiborne did 
with his usual promptness, and on the 7th of December took 
possession of the entire district, except Mobile, without any 
resistance being offered him. 

The direct result was of great importance to Mississippi 
Territory and to the present State, as in this way the frontage 
on the gulf was secured. West Florida was held under military 
rule until May 14, 1812, when that portion * of the old province 
south of parallel 31° north latitude, and extending along the 
gulf coast from the Pearl to the Perdido River, was formally 
annexed to Mississippi Territory ; and with this last addition 
the Territory attained its full limits as shown on the map, 
page 68. Spain, however, did not relinquish her claim for 
several years, and the matter was only settled by the pur- 
chase of Florida and the ratification of a general treaty in 1821. 

The military movement against West Florida had created 
intense excitement in the Territory, but this was only the 
forerunner of the general conflict in which the nation now 
became involved. On the 18th of June, 1812, Congress 
formally declared war against Great Britain, in order to obtain 
redress for outrages upon our commerce and the impressment 
of our seamen. England at this time was the most powerful 
nation on the earth, and the unchallenged mistress of the 
ocean. Her '^ wooden walls/^ flaunting the all-conquering 
red cross of St. George, ploughed the waters of every sea, and 

* That portion of tlje province lying between Pearl River and the Mis- 
sissippi became a part of the State of Louisiana, and was divided into 
several parishes, which in that State are still called the Florida parishes. 



}VAE of 1812. 



83 



her proud ensign was displayed in every clime. Every Missis- 
sippian realized what a contest with such a power meant, but 
every man was ready when the call came from the nation for 
help. No nobler example of patriotism was ever presented to 
the world than is shown by the promptness with which these 
resolute men rallied to the defence of their common country. 

On the 16th of July, 1812, Governor Holmes, on a requisi- 
tion from General Wilkinson, ordered a draft of the militia, a 
certain quota from each regiment, to rendezvous at Baton 
Eouge. To show the alacrity with which the order of Gover- 
nor Holmes for a draft was responded to, it is only necessary 
to state that in less than thirty days from the date of the 
governor's order, the quota from the First, Second, Third, 
Fourth, Tenth, Eleventh, and Thirteenth Kegiments had been 
furnished alone by volunteers. Colonel Ferdinand Claiborne, 
who was subsequently promoted to the position of brigadier- 
general, commanded these soldiers in a number of sanguinary 
engagements with the Indians. 

Meanwhile, in 1810, the second census had been taken, 
which showed the population of the Territory to be 42,352 ; 
and the legislature, at its annual session in 1811, had estab- 
lished two new counties, and had named them respectively 
Greene and Marion, after Generals Nathaniel Greene and 
Francis Marion, two of the heroes of the Eevolution. In 1812, 
as soon as the long-desired gulf coast, with its ports and har- 
bors, was annexed, the counties of Jackson and Hancock were 
organized, and named re- 
spectively for General An- 
drew Jackson and John 
Hancock, one of the illus- 
trious signers of the Dec- ^^ 
laration of Independence. 

The close of the year 
1811 was rendered con- 
spicuous by the building the first steamboat on the river. 




84 HISTORY OF MISSISSIPPI. 

at Pittsburg of the first steamboat that ever navigated the 
waters of the Ohio and Mississippi Kivers. The boat was 116 
feet long and 20 feet wide across the beam. It was built 
under the plans furnished by Robert Eulton, at a cost of some 
$38,000, and had been christened JVeiv Orleans. The boat 
started from Pittsburg in October, and after encountering 
the earthquake at New Madrid, Mo., it at last reached the 
landing-place at Natchez, in January, 1812, where thousands 
of people were assembled on the banks of the great river to 
welcome the strange visitor. The JVew Orleans never returned 
to Pittsburg, but made regular trips between Natchez and New 
Orleans for a little over two years, when she was lost by an 
accident on the river. 

QUESTIONS. 

What was one of the first acts of President Madison ? Whom did he 
appoint as governor of Mississippi Territory ? From what State did the 
new governor come ? In what condition did he find the colony ? How 
was Mississippi Territory bounded npon the south ? Upon what terms 
w^ere the people of Spanish West Florida with the people of the Terri- 
tory ? What stand did the Americans in Spanish West Florida take, 
and in what year ? What claim did President Madison then assert, and 
what steps did he take to defend it ? What was one good result to Mis- 
sissippi Territory from enforcing the claim of the United States ? How 
was the matter finally settled, and in what year ? In what war did the 
United States now become involved ? What was the cause of this war ? 
What call did the governor make upon the people of the Territory ? 
How was it responded to ? What was the population of Mississippi in 
1810 ? What new counties were formed in 1811 ? What in 1813 ? For 
whom were they named ? What event of interest marked the close of 
the year 1812 ? 



CHAPTER XVI. 

II^DIAl^ WARS. — BATTLE OF NEW ORLEANS. 

As soon as war was declared on England, the British com- 
manders in Canada and along the lakes allied themselves with 
the Indians of the northwest, who were bound together in a con- 
federation under Tecumseh. It was believed that the Indians 
of Mississippi Territory had been drawn into the confederation 
by Tecumseh's visit, and all the apprehensions of a few years 
since were renewed. The Choctaws, however, had remained 
true to their former friendship for the Avhites. But the 
Creeks and Seminoles were bound to the confederation, and 
the United States troops and the militia of the Territory were 
chiefly engaged in defending the settlers from the attacks of 
these tribes. 

During the summer of 1813 the battle of " Burnt Corn " was 
fought, and by the management on the part of somebody the 
Indians remained masters of the field. There was great alarm 
felt for the safety of the settlements on the eastern frontier, 
when, with the suddenness of a peal of thunder from a cloud- 
less sky, the people of the entire Territory were astounded 
with the intelligence of the surprise and massacre of the gar- 
rison at Fort Minis. This event was wholly unexpected by the 
nearest military commander. 

On the morning of the 30th of August, 1813, Major Beasley, 
who was in command at Fort Minis, wrote to General Clai- 
borne enclosing his morning reports. He informed that officer 
that he had ''improved the fort and made it much stronger 
than when you were here ; " and two hours later, having de- 
tained the courier for some purpose, he again wrote, expressing 



86 HISTORY OF MISSISSIPPI. 

his '^ ability to maintain the fight against any number of Ind- 
ians/" In less than two hours after the last note was penned, 
one thousand Indians, who had been lying in ambush in a deep 
ravine within a short distance of the fort, advanced rapidly 
from their hiding-place, j^oured through the outer gate, and 
the work of slaughter began and was ended in a brief space 
of time« Major Beasley, a Mississijopi soldier from Claiborne 
County, rushed to close the gate on the first alarm, and fell 
pierced with a dozen balls. The garrison '^ ready for duty," 
on that fatal 30th of August, was one hundred and five, 
while the entire number in the stockade was two hundred and 
seventy-five persons, of whom not more than fifteen escaped 
death. The Indians, commanded by McQueen, Weatherford, 
and Francis, made the attack at the hour of twelve m., when 
the drum was sounding the signal for dinner, and got within 
thirty yards of the open gate before they were discovered. 
They assailed the fort on four sides simultaneously, and 
through the port-holes poured a constant fire on the frantic 
women and children, whose wild shrieks rose above the yells 
of the savages and the clamor of battle. By this time the 
buildings inside the stockade were on fire and every officer 
had fallen. 

This terrible tragedy produced the utmost consternation 
throughout the Territory. On the immediate frontier the 
whole population fled to the stockades, leaving their abundant 
crops ungathered. No one could tell when the next blow 
would fall, and a coalition of the Creeks and Choctaws was 
generally apprehended. The citizens on the Chickasahay and 
Pearl rivers erected stockades. The alarm penetrated to Baton 
Rouge and St. Francisville in Louisiana, and to Natchez, Win- 
chester, Port Gibson, and Walnut Hills, now better known 
as the heroic city of Vicksburg, and strong committees of 
vigilance and safety were organized. 

Governor Holmes was, in the meantime, not idle or indiffer- 
ent to the danger of the people. As early as the 2d of Septem- 



INDIAN WARS. 



8? 



ber lie issued his proclamation for a draft of five hundred men 
from the militia, and ordered the cavalry companies to hold 
themselves in readiness for marching orders. Every county 
in the Territory responded to the call of duty. Every neigh- 
borhood furnished its quota. Gray-haired sires and their 
stripling sons rushed to the front with their unerring rifles, 
prepared to die, if need be, in defence of their homes. In 
three days the Jefferson troop. Captain Dougherty with sixty 
men and horses, reported at the capital of the Territory, and 




pakenham's fleet in ship island harbor. 



immediately took up the line of march for the frontier. The 
commands of Captains Bullen and Grafton (two infantry com- 
panies) followed the next day ; and on the day after Cap- 
tain Kemp, at the head of the Adams County troop, moved 
forward. In a very brief space of time there were concentrated 
at Mount Vernon, now in Alabama, five companies of infantry 
and four strong companies of cavalry, the latter being under 
the command of Major Thomas Hinds. 

Meantime, General Andrew Jackson had been placed in 
command of United States troops to chastise the Indians of 
the Ch-eok confederation. lie had already fought the bloody 



88 History of Mississippi. 

battle of the Horse Shoe and won a splendid victory. Directly 
after the triumph, General Jackson had under his command 
three thousand troops ; and Major Thomas Hinds, with a bat- 
talion of Territorial dragoons, was ordered to report to that 
general. The dragoons commanded by Major Hinds were 
chiefly from the counties of Adams, Amite, Claiborne, Jef- 
ferson, and Wilkinson. They accompanied the old chief 
throughout his Indian campaign, and fought under his imme- 
diate observation until the culmination in the capture of St. 
Mark's and Pensacola. There was a British naval squadron in 
the harbor of Pensacola which soon took its departure. Gen- 
eral Jackson rightly divined its destination to be New Orleans. 
He hastened with his own command to that city, and ordered 
the battalion of Territorial dragoons to meet him there. 

After leaving Pensacola, General Pakenham had sailed 
with his fleet direct to Ship Island, where he arrived about 
the close of November. The safe anchorage and perfect pro- 
tection which its harbor affords had led him to select Ship 
Island as the rendezvous for the British squadron. Here all 
the British ships-of-war then in the waters of the gulf were 
ordered to meet him to take part in his contemplated attack 
on New Orleans. By the 12th of December he was ready to 
advance, and leaving his ships-of-war safely anchored in the 
deep waters at Ship Island, he advanced toward Lake Borgne 
with his soldiers in launches and barges which he had built for 
carrying his cannon. At the entrance to the lake he was met 
by five gunboats sent out by General Jackson. A naval battle 
ensued called the battle of Lake Borgne, which was fought in 
Mississippi waters, and resulted in the caj^ture of the gunboats. 
He then proceeded with his flotilla across Lake Borgne to its 
western shore and landed his forces just below New Orleans. 

Major Hinds arrived with his command in New Orleans on 
the night of December 23, 1814.' The battle of the 8th of 
January, 1815, soon followed, and the dragoons commanded 
by Major Hinds participated in all of the operations before 



BATTLE OF NEW ORLEANS. 



89 



the city. It is needless to add that a splendid victory was 
obtained, and the Territorial dragoons won from that iron- 
handed old soldier, Andrew Jackson, the highest compliment 
ever won by any soldiers in the world. The following is an 
extract from his general order : 

^'The cavalry from the Mississippi Territory, under their 
enterprising leader Major Thomas Hinds, was always ready to 
perform every service which the nature of the country enabled 
them to execute. TJie daring manner in luhich tliey recon- 
noitred the enemy on his lines excited the admiration of one 
army and the astonishment of the other. ^^ 

An infantry company commanded by Caj^tain James C. 
Wilkins, with his first lieu- 
tenant the Hon. Adam Binga- 
man, also participated in the 
battle of New Orleans and 
rendered efficient service. 

From the commencement of 
the war in 1812, to its close in 
1815, the people of the Mis- 
sissippi Territory were con- 
stantly represented in the field 
by a force of from 2,500 to 
3,000 soldiers. 

General Jackson constructed 
a broad military road running 
from New Orleans northeast 
toward the Tennessee Eiver, 

and extending across the entire State. This road remains 
to-day as a legacy of these times, and is known to the 
people of the counties through which it passes as the Military 
Eoad. 

Hon. George Poindexter was elected the delegate to the 
Tenth, Eleventh, and Twelfth Congresses, but declined a re- 
election for the purpose of accepting a United States judge- 




GBNERAL THOMAS HINDS. 



90 HISTORY OF MISSISSIPPI. 

ship. Dr William Lattimore succeeded Mr. Poind exter, and 
served in the Thirteenth and Fourteenth Congresses. 

During the war two new counties had been formed. Law- 
rence was carved out of Marion in 1814^ and named in honor 
of Captain James Lawrence;, commander of the Chesajjealcey 
who had fallen during the year 1813^ and whose dying words, 
" Don^t give up the ship/^ had been the watchword of our navy. 
The county site bore the name of Jefferson^s home, Monticello. 

Pike County was formed in 1815, and was named for Gen- 
eral Pike, who had commanded our armies in the northwest. 
The county site was located at Holmesville until 1875. 

The years 1813-1814 were very hard on the planters of Mis- 
sissippi. A close blockade of all our ports had been main- 
tained by England, and the price of cotton was very low. 
AVith the coming of peace the soldiers returned to their 
homes, cotton found ready sale at good prices, and an era of 
prosperity ensued. 

QUESTIONS. 

Wheat did the Indians do as soon as war was declared witli England ? 
Name the hostile tribes. What tribe remained friendly to the whites ? 
What battle was fought in 1813, and with what result ? What massacre 
occurred the same year ? Describe the circumstances. Who was the 
commander in charge of the fort ? What effect did this event have upon 
the settlers ? What did they do to protect themselves ? What steps did 
the governor take for their defence ? Who commanded the troops ? 
What general had been placed .in command of the United States 
troops ? Where was the British fleet at this time ? Who was the 
general in command ? Where did the British fleet go after leaving 
Pensacola ? Why ? Then what course did the British pursue ? What 
naval battle was fought, and with what result ? What important battle 
was fought in January, 1815 ? What was the result of this battle ? 
What compliment did General Jackson pay the Mississippi dragoons 
under Major Thomas Hinds ? By what force was Mississippi represented 
in the war of 1812 ? What memorial of these days, constructed by 
General Jackson, remains to the people of Mississippi ? Give the names 
of the last two Territorial delegates. What new counties were formed 
during the war ? After whom were they named ? Mention the county 
sites. What effect did the war have upon the prosperity of the Territory? 



CHAPTER XVII. 

PREPAEINCt for statehood. — THE FIRST CONSTITUTION". 

Before any Territory can become a State^ Congress must 
authorize the people to hold a convention to form a constitu- 
tion, which shall guarantee to the State a republican form of 
government, and shall not conflict with the Constitution of 
the United States. Such an act is called an ^''Enabling Act. '^ 
The Territory of Mississippi had now attained the necessary 
population to entitle it to admission, and on the 1st of March, 
1817, President Madison approved an act to enable the people 
"to form for themselves a constitution and State government, 
and to assume such name as they shall deem proper ; and the 
said State when formed shall be admitted into the Union upon 
the same footing with the original States in all respects what- 
ever.^' 

Congress had reserved the right to divide the Mississippi 
Territory ; and so in fixing the boundaries of the new State, 
which the people were empowered to name and which they 
called Mississippi, Congress made the division and organized 
the eastern part into a new Territory called " Alabama." The 
intention of Congress was to divide the Territory equally, and 
it was thought that the dividing line fixed by the Enabling 
Act would do this ; but subsequent events proved that the 
larger part was taken off for Alabama. The line between the 
two was to start at the mouth of Bear Creek, a small tributary 
of the Tennessee River, and run direct to the northwest corner 
of the County of Washington which had been organized by 
Governor Sargent, and which was now thrown entirely into 
the Territory of Alabama. From this corner it was to run 



92 HISTORY OF MISSISSIPPI. 

due south to the gulf. The southern boundary line lies in the 
gulf, eighteen miles from the mainland, and all the islands 
included in that limit belong to the State of Mississippi. The 
boundaries * of the proposed State were the same as the boun- 
daries of the present State, which are shown on the accompa- 
nying map. The total area embraced within these boundaries 
is 46,810 square miles, 470 square miles of which is water 
surface. Reduced to acres, Mississippi has an aggregate of 
29,953,400 acres. 

The Enabling Act which authorized the people to form a 
State government also prescribed who should be entitled to 
vote for delegates, the number of delegates apportioned to each 
county, the time for holding the election, and the date for the 
assembling of the convention. No person was entitled to vote 
unless he was twenty-one years old, had been a resident of the 
Territory one year prior to the election, and had paid a Terri- 
torial or county tax. 

The delegates chosen in compliance with these provisions 
assembled in the town of Washington in Adams County, on 
the first Monday of July, 1817. There were present forty- 
seven delegates representing fourteen counties. David Holmes, 
at the time governor of the Territory, was one of the delegates 
chosen from Adams County, and he was elected j^resident of 
the convention. His election was a deserved compliment to 
Governor Holmes, who not only enjoyed the confidence of the 
people, but had extended experience in public affairs. 



* Section 2 of this act defines the boundaries of the proposed State as 
follows : Beginning on the River Mississippi, at the point where the 
southern boundary line of the State of Tennessee striives the same ; thence 
east along the said boundary line to the Tennessee River ; thence up the 
same to the mouth of Bear Creek ; thence by a direct line to the north- 
west corner of the County of Washington ; "thence due south to the Gulf 
of Mexico; thence westwardly, including all the islands within six leagues 
(eighteen miles) of the shore, to the most eastern junction of Pearl River 
with Lake Borgne; thence up said river to the thirty-first degree of north 
latitude ; thence west along the said degree of latitude to the Mississippi 
River ; thence up the same to the place of beginning. 



94 HISTORY OF MISSISSIPPI. 

The delegates applied themselves to the delicate work assigned 
them with an assiduity which could be safely emulated at this 
day. From the Declaration of Rights to the last ordinance 
embraced in the constitution of 1817, there appears evidence 
not only of a high order of talent, but a patriotism unsur- 
passed. The constitution which they formed divided the pow- 
ers of government, as now, into three distinct departments, 
legislative, executive, and judicial ; and no person or collec- 
tion of persons belonging to any one of these departments could 
exercise any power proj)erly belonging to either of the others. 

The executive ^^ower was vested in a governor who was 
elected for a term of two years. The legislative power of the 
State was vested in two branches — senate and house of repre- 
sentatives — and both together were designated as the General 
Assembly of the State of Mississippi. The judicial depart- 
ment was placed in the charge of certain judges to be elected 
by the legislature, and to hold office during good behavior ; 
but no person who had attained the age of sixty-five years was 
eligible for election as judge, and no judge could continue to 
hold his office after reaching that age. 

In order to vote, a man must have been enrolled in the 
militia, unless exemj^ted by law from military service, and 
must have paid a State or county tax, besides being free, 
white, and twenty-one years old. 

The most striking features of the new constitution, however, 
were the qualifications prerequisite for service as governor, 
lieutenant-governor, or a member of the general assembly. 
No one was eligible for the office of governor or lieutenant- 
governor unless he had reached the age of thirty years, had 
resided in the United States twenty years, and in the State five 
years ; and, in addition to this, he must own six hundred acres 
of land, or real estate valued at two thousand dollars at least. 
Similar requirements were prescribed for representatives and 
senators, though they were correspondingly less than the quali- 
fications for governor 



THE FIRST CONSTITUTION, 95 

In order to understand the reasons for these qualifications, 
one must remember that in the infancy of any State many 
persons are attracted to it in the spirit of adventure — persons 
whose past history is not known, and who often have no real 
interest in the welfare of the State. It was the purpose of 
the convention to exclude from these high offices every man 
who had not a real interest in the State, and who had not 
lived there long enough for the people to learn something of 
his true character. 

The constitutional convention was held in the " Methodist 
Meeting House "' in the ancient town of AVashington, for which 
one hundred dollars was paid the trustees of the church. 
While the instrument was formed and adopted in a ^'' meeting- 
house,^'' the authors embraced in it this singular provision : 
" Ministers of the gospel, being by their profession dedicated 
to God and the care of souls, ought not to be diverted from 
the great duties of their functions : therefore no minister of 
the gospel or priest of any denomination whatever shall be 
eligible to the office of governor, lieutenant-governor, or to a 
seat in either branch of the general assembly. ^^ This discrimi- 
nation was not embraced in subsequent constitutions. 

The delegates were able, earnest, patriotic men, and enjoyed 
to the fullest measure the confidence, and received the support, 
of those whom they represented. They were careful to guard 
all the rights of citizens, and to secure to them the full enjoy- 
ment of every privilege guaranteed by our system of govern- 
ment. They completed their labors and adjourned on the 
15th of August, having been in session only a month and eight 
days. 

Adams County had, under the apportionment, the largest 
representation, and sent as four of her delegates David Holmes, 
Christopher Rankin, Edward Turner, and Josiah Simpson, all 
of whom became widely known as having occupied high official 
station. Amite was in part represented by Dr. William Latti- 
more, who had served the Territory two terms in Congress. 



96 HISTORY OF MISSISSIPPI. 

From Claiborne County^ Delegate Walter Leake became a 
United States senator and governor of the State ; and 
Josliua G. Clarke, another delegate, presided for some years 
with ability and dignity over the Superior Court of Chancery. 
One of the delegates from Pike County, Dr. David Dickson, 
became lieutenant-governor and afterward a member of Con- 
gress. Wilkinson County was prolific in future honors won 
by her delegates ; three of whom — G-eorge Poindexter, Gerard 
C. Brandon, and Abram M. Scott — became governors of the 
State, and the first named a senator in Congress. 

The list of forty-seven delegates to the constitutional con- 
vention embraced the names of five future governors, three 
United States senators, four representatives in Congress, one 
judge of the High Court of Errors and Appeals, and one chan- 
cellor of the Superior Court of Chancery. This is not surpris- 
ing when it is remembered that among the pioneers who settled 
in the southwestern part of the State were found not only 
strong, sturdy, enterprising men, but ministers of the gospel, 
scholars, lawyers, and doctors, who selected the location believ- 
inir that there was a great future in the new and growing State. 



QUESTIONS. 

What act was passed in March, 1817 ? How was the Territory divided ? 
Where is the southern boundary line ? Bound Mississippi. What is its 
area ? The water surface ? What did the enabling act prescribe ? From 
the map name counties at that time. Who occupied the rest of the 
State ? How did the delegates proceed ? What quaUfications were pre- 
scribed for officers ? Why ? Where was the convention held ? Give the 
provision about ministers and priests. What can you say of the dele- 
gates ? What prominent men were delegates ? What future officers ? 



CIIAPTEK XVIII. 




GOVERNOR DAVID HOLME!- 



MISSISSIPPI JiECO-MES A STATE. — ADMIXISTJIATIOX OF GOV- 
EllN-OR HOLMES, 1817 TO 1820. 

GovEKNOK Holmes, who luid the 
honor to close the career of the Terri- 
torial government with its long array of 
illustrious names and noble deeds, was 
given the proud privilege of introducing 
into the Union another free, sovereign, 
and independent commoiiAvealth, thus 
adding the twentieth star to the flag of 
the Union. After the constitution was 
adopted, it remained to complete the 
organization of the new State by electing State officers, mem- 
bers of the general assembly, and a meml)er of Congress. 
Governor Holmes was the first governor of the State elected 
by the people ; and when the legislature convened, in October, 
Judge Walter Leake and Thomas II. Williams were elected 
United States senators. The State was entitled to only one 
member in the House of Representatives, and Judge George 
Poindexter had been elected. When Congress assembled, the 
government which the people had organized was approved, 
and Mississippi was admitted to the U}iio)i on the tenth day 
of December, 1817, and her senators and representative were 
given seats in the halls of C^ongress. 

Meanwhile the legislature at Jackson Avas engaged in a most 

important work. Governor Holmes at his inauguration made 

an address to this body which alxiunded in wise suggestions. 

He admonished the legislature that the duties imposed upon 

7 



98 HISTORY OF JlISSISSIPPI. 

its members were of the greatest moment, and that the consti- 
tution itself was their best and safest guide. The legislature 
was in full accord with him, and, assisted by his long and varied 
experience in public affairs, they were enabled to form laws well 
adapted to meet the requirements of the constitution, and to 
put the machinery of State government into successful opera- 
tion. The legislature adjourned in February, 1818, after a 
laborious session of four months. 

Looking back to-day at Mississii)i)i in this the tirst year of 
its existence as a State, the student will be impressed with a 
most singular fact. The State, according to the act of Con- 
gress, extended to the Tennessee line ; but the real State, 
which had adopted the constitution and was subject to the 
State laws, only extended to the '' Old Choctaw Line," which is 
shown on the map in Chapter XYII. That line, which ran east 
of Warren and Claiborne and north of Lawrence and Wayne 
counties, was the limit beyond which the whites could not 
settle and the State laws had no control. Beyond that line 
the Choctaw and Chickasaw nations owned the land and lived. 
These nations were governed by their own chiefs and had 
their own laws, to which any whites who lived among them 
were subject. 

The fourteen counties wliich had been represented in the 
convention and in the first general assembly are all shown on 
the map. Five of these counties, including more than half 
the population, extended along the Mississippi River. Li 
these counties the earliest settlements had been made, and the 
citizens had been subjected to much greater trials, hardships, 
and sacrilices than those of other counties settled at a later day. 

Xatchez w^as the commercial metropolis of the State. It 
had grown from an insignificant French village into a busy 
city. The wharf was always crowded with barges and boats of 
every description, bringing articles of merchandise and carry- 
ing away the cotton which had been grown in all the sur- 
rounding country. Indian traders far up in the Choctaw 



GOVERNOn I/()/.MES\S ADN IN JSr RATION. 00 

nation made regular trips to Xatchez, and i)lanters living east 
of Pearl liiver brought their cotton to that city in wagons for 
shipment. Handsome residences had taken the place of the 
pioneer's cabin, and broad, Avell-shaded streets crowned the 
hill where the Indian massacre had occurred nearly a hundred 
years before. The culture and refinement of the people had 
secured for Katchez at an early day superior schools, and for 
years it was the recognized centre of intellectual as well as 
commercial life. The first female public school in the Terri- 
tory was organized here in 1801, with the Kev. David Ker, a 
man of the highest attainments, as principal. 

Grand Gulf, Port Gibson, Rodney, and Woodville were then 
flourishing places ; but very few towns had grown up over the 
State, and these were principally located at the county sites of 
the different counties. The great majority of the people were 
planters and lived on their plantations, which in the counties 
along the river now occupied all the available land. While 
the towns were few in number, every neighborhood had its 
school and its church, and all the leading denominations were 
at this time represented in the State. 

Differences of opinion still exist as to the date of the intro- 
duction of the Protestant religion into the State. Prior to 
British rule the Roman C^atholic was the only recognized reli- 
gion. It is l)elieved that Samuel S^vayze, a Congregational 
minister who came into the Territory on a royal grant while it 
was embraced in the province of AYest Florida, was the first 
Protestant minister that ever came to the State, and the church 
which he built was the first Protestant church on the soil of 
Mississippi. Colonel Claiborne and the Rev. John G. Jones 
both agree on this point. 

The Baptist denomination followed the Congregationalists, 
their earliest worship being probably in 1781. Rev. Richard 
Curtis was their first preacher. 

Rev. Adam Cloud, a Alrginian by birth, was the first 
representative of the I'rotestant Episcopal Church in the 



100 HISTORY OF MISSISSIPPI. 

^' Natchez Country/^ He settled on 8t. Catherine's Creek 
in 1792. 

The Methodist denomination came next. The Eev. Tobias 
Gibson organized Iiis first church at AVashington, the capital 
of the Territorial government, in 1799. 

Rev. Jose23h Bullen of the Presbyterian denomination^, a 
native of Massachusetts, educated at Yale College, came to the 
Chickasaw nation, now northeast Mississippi, in 1799. The 
first Presbyterian church was established in 1804. 

Hand in hand with the church came the school. The 
building which served for worship on the sabbath often be- 
came the schoolhouse during the week ; and, when no regular 
teacher could be found, some one in the community was 
pressed into service and made to teach the school. During 
Governor Holmes's administration, academies of high grade, 
regularly chartered under the law, were found in ten counties 
of the State, and Jetferson College was in a prosperous con- 
dition. 

During Governor Holmes's first term as governor of the 
State, one new county was formed, and this was the county of 
Covington. It was organized by the legislature in 1819, and 
named for General Covington, who had fallen in the war of 
1812. The county site was located near the centre of the 
county and named AVilliamsburg. It will be noticed that 
Governor Holmes, the first governor under the new constitu- 
tion, served longer than the regular term, which was fixed at 
two years and began on the 1st of January, 1818. 

QUESTIONS. 

Who was the first governor elected Ijy the i)eople ? The first senators 
and representative in Congress ? When was the State admitted ? W^hat 
did the first legislature do ? What was the real limit of the State ? 
Why? How many counties were then formed ? Where located ? Name 
them (see map). What of Natchez ? Other towns ? Where did the 
mass of the people live V W^hat of education V What county was formed 
in 1819 V 



CHAPTER XIX. 



ADMINISTRATION OF G0VP:RN0R POINDEXTER, 1820 TO 1822. 




GEORGE rOINDEXTER. 



The candidates for governor in 
the fall of 1819 were George Poin- 
dexter and General Thomas Hinds. 
There was no material difference 
in the political views of the two 
candidates, and the people Avere 
called upon to decide between the 
two men. General Hinds was a 
thorongh gentleman and a snj^erb 
soldier. His snpporters were the 
men who had followed him through 
the Indian wars, and had shared 
with him the perils and the glories of the Louisiana cam- 
paign. They pressed his candidacy with the same warmth 
and vigor that had characterized their charge on the field 
of battle. Judge Poindexter was a native of Louisa County, 
Virginia, was a profound lawyer, a logical thinker, and a 
forcible speaker. In the constitntional convention, only two 
years before, he had been recognized as the master mind 
among so many men of ability. That very year, as a repre- 
sentative in Congress, he had won the hearts of the people 
by his brilliant defence of General Jackson's course during 
the Indian wars. With two such candidates, the contest was 
necessarily most exciting ; but, when the votes were counted, 
Poindexter was elected by a large majority. He was inaugu- 
rated in January, 1820, and became the second governor of 
the State. 



102 History of Mississippi. 

During the summer of 1820 the third census of the United 
States was taken, and the population of the State was found 
to be 75^448. When we remember that the census of 1810 
included both Mississippi and Alabama, it Avill be seen that 
the population had more than doubled during the past ten 
years, notwithstanding the wars which liad paralyzed the 
country for three years. 

This rapid growth in poj^ulation had created a clamor for 
more land. Congress had that year appointed Generals An- 
drew Jackson and Thomas Hinds as commissioners to negoti- 
ate with the Choctaw Indians for a portion of their territory. 
White settlers had already crowded over the old Choctaw 
boundary, and were living among the Indians on lands which 
they had secured. The commissioners met the chiefs of the 
Choctaws at Doak^s Stand on the old Natchez road, and in 
October, 1820^ concluded a treaty by which the United States 
bought an immense tract of land extending from the Missis- 
sippi to the centre of the State, between the old Choctaw 
boundary and the Choctaw boundary of 1820. On the map of 
the State when admitted, in 1817, both these lines are marked. 

The legislature at its session in 1820, by dividing Greene 
County, created a new county and named it Perry in honor 
of Oliver Hazard Perry, the hero of the battle of Lake Erie, 
and the author of the famous telegram, '^ We have met the 
enemy, and they are ours." Augusta was selected as the 
court-house, and a land office was opened there by the Govern- 
ment for the sale of lands. 

A large tract of land lying on the Tombigbee River had 
also been secured from the Chickasaws by treaty, and in 1821 
the legislature organized it into the county of Monroe. It 
included all of the present counties of Lowndes and Monroe, 
and also parts of some other counties. The court-house was 
located at Hamilton, though quite a village had already grown 
up at Columbus, where Thomas Moore had erected the first 
log cabin in 1817, only four years before. 



Governor Poindexter's Administration. 103 

The now county received its sixteenth sections for public- 
school purposes ; and in Columbus out of the sixteenth sec- 
tion fund was established, during this same year, the first 
permanent free school in the State. It was named Franklin 
Academy, and is to-day the graded school of the city of Colum- 
bus. This early step will tell better than words the character 
of the men who founded the city arul made it famous in the 
State as a centre of culture and refinement. 

The legislative work of 1821 was very important. Governor 
Poindexter was requested by the legislature to collect all the 
laws, classify them, harmonize them where they conflicted, 
remedy them when they were defective, and embody his work 
in one volume. This is called '^ codifying, ^^ and, though he 
was still governor, he at once began the difficult work. The 
result was '^ Poindexter 's Code,^' which was completed in 
1822, and adopted by the legislature as the law for the State. 
No higher comj^liment can be paid him than to say that much 
of the code prej^ared by him has been perpetuated without 
change by subsequent codifiers. 

This legislature also established what was called the " Liter- 
ary Fund,''^ to pay for the education of poor children and to 
assist schools that needed help. In these days there was no 
public-school system, but thus early in the life of the State 
her people recognized the necessity of education, and their 
willingness to devote a portion of their income to the mainte- 
nance of schools. No tax was levied, but certain funds coming 
into the State treasury were to be set aside for the credit of 
the Literary Fund, and to be dispensed by State and county 
officers. The funds set aside consisted of moneys forfeited to 
the State in bail bonds, and other funds from similar sources ; 
but the collection was not enforced, and very little good came 
of the effort. 

A large tract of the land which had been ceded by the 
Choctaws in the treaty at Doak^s Stand had been surveyed, 
and was this year (1821) organized into a new county, named 



104 HISTORY OF MISSISSIPPI. 

Hinds in honor of the giilhint old general. The county site 
was not located at Raymond nntil 1829^ after other counties 
had been carved out of the original county. To Hinds County, 
in the year of its creation, came the honor of including in its 
limits the capital of the State. 

Congress had in 1819 donated two sections of land to the 
State for the site of its capital, and had authorized the legis- 
lature to locate these, in a body or separately, on any Govern- 
ment land to which the Indian title had been extinguished. 
But, as the Choctaws still occupied all the lands near the cen- 
tre of the State, it had not been possible to make the location 
at an earlier day. As soon, however, as the lands were secured, 
the legislature appointed General Thomas Hinds, Lieutenant- 
Governor James Patton, and Dr. William Lattimore as com- 
missioners to select a location within twenty miles of the geo- 
graphical centre of the State. In those days no one could 
foresee the coming of railroads, and it was thought to be of the 
first importance to locate the future capital city on a navigable 
stream, that would give it every communication with the rest 
of the world and make it a centre of trade. A beautiful spot 
was accordingly selected, sufficiently elevated for good drain- 
age, and sufficiently level for building purposes ; but, above 
all, at what was then regarded as the head of navigation 
on Pearl River. Although not exactly at the geographical 
centre, the advantages of the location were conclusive ; and on 
the 28th of November the legislature, by a supplemental act, 
located the capital city where it now stands, and named it 
Jackson, as the highest testimonial of their love for the hero 
of New Orleans. The same act substituted Peter A. Van 
Horn in place of James Patton and directed the commissioners 
to lay off the new town. 

During the fall of 1821 the biennial election for governor 
occurred. Governor Poindexter was not a candidate for re- 
election. He preferred to serve as a member of Congress, and 
became a candidate for representative. He was defeated by 



GOVFAiNOR POIXDEXTER'S ADMINISTRATION. 105 

Christopher Kjuikiii, wlio had iilso been a member of the con- 
stitutional convention, and was a man of sterling worth and 
great ability. Walter Leake, in response to the wishes of the 
people, resigned his seat in the Senate of the United States 
and was elected governor. General David Holmes was elected 
to the vacant seat in the United States Senate. 

QUESTIONS. 

Who were candidates for governor in 1819 ? Who was elected ? 
What of him ? What of the population, 1820 ? What resulted from 
the growth ? What treaty was made ? Locate this land on the map. 
What county was formed in 1820 ? How was Monroe County secured ? 
When organized ? What of Columbus ? What work was given Governor 
Poindexter ? The result ? What was the Literary Fund ? What 
county was organized from the Choctaw lands ? How was the capital 
located ? How named ? When ? Who were the commissioners J* What 
occurred at the biennial election ? 



CHAPTEE XX. 

ADMI^-ISTRATIONS OF GOVERNORS LEAKE AND HOLMES, 
1822 TO 1828. 

AValter Leake, tlie third governor of the State, was inau- 
gurated at Washington, the old capital, in January, 1823. 
He was a native of Albemarle County, Va., and came to Mis- 
sissippi Territory as a judge appointed by the President. He 
had soon won the confidence of the people. He was a fine 
lawyer and an upright judge, distinguished for his great purity 
as an officer and for his high character as a man. 

The commissioners a2:>pointed the year before completed tlie 
work of laying oif the future city of Jackson. They selected 
the site for the state-house on a commanding blufl:', and called 
the square Capital Green. Another square was reserved for a 
court-house, and called Court Green. A third was reserved 
for a college, and called College Green. Locations were re- 
served for religious and charitable institutions, and the other 
lots were sold. The proceeds of these sAles were set aside to 
be used in paying for a state-house. As an inducement to 
persons of enterprise to become citizens of the new city and 
assist in building it up, the commissioners were authorized to 
give to responsible persons a preference and priority right to 
ten town lots, which were to be paid for at some future day at 
the average price of lots, on the condition that the j^erson 
would by the following November '^ build a neat log or frame 
house thereon, not less than thirty feet in length.^' 

On the 22d of June, the legislature directed that the State 
offices should be moved to Jackson by the following December, 
and that all subsequent sessions of the general assembly should 



(GOVERNOR LEAKE'S ADMINISTRATION. \{)1 

be held there. The commissioners were instructed to build a 
commodious house on an economical plan for the use of the 
legislature. The liberal terms induced many persons to locate 
at once in Jackson ; so that by the time the State offices were 
removed and the legislature met again, they found a good 
number of citizens in the new city. 

While the citizens had property of great value, there was at 
this time a great scarcity of money in the State. This is 
shown by the fact that it was thought necessary to give liberal 
credit even to persons of means in order to induce them to come 
to Jackson. Another act of the legislature this year shows the 
scarcity of a circulating medium. A cotton gin, now greatly 
improved and perfected, was very expensive, and every planter 
conld not afford to have one of his own. For the accommo- 
dation of the community there were numerous pnblic gins in 
every neighborhood. The proprietors gave the cotton grower 
a receipt when he brought in his cotton, specifying the num- 
ber of pounds delivered at the gin. As steam engines were 
not then used, the process of ginning was very slow, and a man 
would have to wait weeks before his cotton could be delivered 
to him. In this way these receipts began to pass for money, 
until they had by common consent become the chief circulat- 
ing medium of the country, and the legislature now made 
them so by statute. 

The legislature had been empowered by the constitution to 
j^rovide additional courts and judges, and this year a system of 
probate courts for each county was established. During the 
previous year the Superior Court of Chancery had been created, 
and Judge Joshua G. Clarke, of Claiborne, had been appointed 
chancellor. 

In 1823 one new county was organized. This county was 
named Yazoo, after the river that flows through it. It was 
taken from Hinds, and originally embraced a large area of 
Adiat is now Madison, Holmes, Washington, Issaquena, and 
Yazoo. The name Yazoo, which meant *• river of death," had 



108 History of Mississippi. 



been given to the river by the Indians. The county site was 
for many vears at Benton, but was finally changed to Yazoo 
City. "^ 

During Governor Leake's administration, Vicksburg, the 
" Heroic City " of later years, grew into commercial prominence. 
It will be remembered that here an old Spanish fort had stood, 
called Fort Nogales (the Spanish name for walnut tree), and 
the English had called it •'Walnut Hills.'' But, surrounded 
by Indians, it did not attract merchants, and its stee}) hills 
were not inviting to farmers. In the Territorial days a Meth- 
odist minister, Newett Vick, secured a grant to the land above 
the fort, because he saw in its splendid location at the foot of 
the great Yazoo delta promise of a future city. He made plans 
for his city in 1819, but died before his dream could be real- 
ized. His son-in-law. Rev. John Lane, also a Methodist min- 
ister, carried out Mr. Vick's plans, and laid off a city which he 
named Vicksburg. The Choctaw cession of 1820 opened all 
the surrounding lands to settlers, and Vicksburg was the most 
convenient place on the river for planters to receive their 
supplies and to ship their cotton. The long litigation of its 
early years retarded its development, but could not stop it; 
and with a great fleet of steamboats on the Mississipj^i, and the 
opening of a great public road, first to Mount Salus and later 
to Jackson, the future of the city was assured. The appropri- 
ation for extending this road to Jackson was made in 1824. 

The legislature in 1824 organized two other counties out of 
the Choctaw cession of 1820. One of these was given an Ind- 
ian name, Copiah, and its court-house was located at Gallatin, 
four miles west of Hazlehurst, named for Albert Gallatin who 
was secretary of the treasury under George Washington, and 
Avhose great ability put the finances of the young Republic in a 
sound condition. The city of Hazlehurst is now the county 
site. The other was named Simpson, for Hon. Josiali Simp- 
son, aud its county site was named Westville, for Colonel C-ato 
West. 



Go VEhW'oii' Holmes \s . \ dmimstra tion. 



lO'J 



As his term was drawing to a close^ (Governor Leake died 
at his home at Mount Sahis, November 7, 1825, and was 
mourned by the whole State. Lieutenant-Governor Gerard C. 
Brandon acted as governor until the close of the year. Gov- 
ernor Holmes, who was then serving in the LTnited States 
Senate,, was induced to resio-n and become a candidate for 




governor. He was elected, and in January, 182G, after an 
interval of six years, he became a second time governor of the 
State. 

During Governor Ilolmes^s second term Mississippi College 
w^as founded at Mount Salus (now Clinton). It was estab- 
lished with the private means of the enterprising citizens of 
the community, and was incorporated as Hampstead Acad- 
emy. Hi 1830 the name was changed to Mississippi C^ollege, 



110 HISTORY OF MISSISSIPPI, 

and in 1S42 the Xew School Presbyterian Church assumed 
control. The Presbyterians gave it up after eight years, and 
in 1850 it came under the charge of the Baptists of the State. 

The western portion of Wayne County in 1826 was organ- 
ized into a separate county and named for John Paul Jones. 
Its court-house was named Ellisville for Judge Powhatan 
Ellis, then United States senator for Mississippi. 

In the fall of the year after his election. Governor Holmes, 
being in bad health, resigned, and Lieutenant-Governor Bran- 
don, by virtue of his office, assumed the duties of governor 
until the close of the term. 

During the session of 1827 the legislature organized a new 
county and named it AVashington in honor of the " Father of 
his Country." The new county included the lands lying 
along the Mississippi that had been ceded by the Choctaws 
in 1820, and had been a part of Yazoo County. The first 
county site was located at Princeton, on the Mississippi River, 
but a few years later was moved to Greenville, a little distance 
below the present city of that name. Both Princeton and 
the first town of Greenville have been washed away. 

When the annual election occurred in the fall, there were 
five candidates in the field, but Lieutenant-Governor Brandon 
was elected, and General Thomas Hinds was elected represent- 
ative in Congress. The United States senators from Missis- 
sippi at this time were T. B. Reed and Powhatan Ellis. 

QUESTIONS. 

Who became the third governor ? When ? Who was he ? IIow was 
Jackson laid off? What inducements were offered? What did the 
legislature direct ? When was the government moved to Jackson ? 
What want was felt in the State ? What had become a circulating 
medium ? What courts were created ? What counties organized? How 
were they named ? Give the history, of Vicksburg. What counties 
were organized in 1824 ? When did Governor Leake die ? Who became 
governor ? When was the election ? Who was elected ? When was he 
governor before ? What college was established ? What counties ? 



CHAPTER XXI. 

AJJM1X1STRAT10:N^ of governor BRAXDOX. — TREATY WITH 
THE CHOCTAWS. — 1828 TO 1832. 




Gerard C. Brandon was 
inaugurated governor by elec- 
tion of the people, in Jannary, 
1828. He had already twice 
acted as governor ex officio un- 
der the constitution, and in 
this respect he occupies a 
unique position in the history 
of the State. Governor Bran- 
don was born on the soil of 
Mississippi, in what is now 
Adams County, but was a resi- 
dent of Wilkinson, and had 
represented that county in the 
1817. He was a man of brains, culture, and 
as a planter was identified with the vital in- 
State. His election over four competitors 
shows the confidence of the people in his integrity and 
ability, and his reelection in 1829 proves that their confidence 
was well founded. 

Two new counties were organized in 1828 by the legislature. 
One of these was formed by taking away all of Yazoo County 
lying east of Big Black Eiver, and Avas named for President 
Madison. The county site was first at Beaty^s Bluff on Big 
Black River, l^oats came as high as Beaty's Bluff, where the 
log-cabin court-house stood, and were then the only means of 



convention of 
character, and 
terests of the 



112 JIISTORY OF MlSSTSSTPPI. 



communication with the outer world. In 1829 the court- 
house was moved to Livingston, and hiter to Canton, the 
centre of the county. 

Tlie other county was formed from that 2)art of Hinds lying 
east of Pearl River, and Avas named Rankin in memory of 
Christopher Rankin, who had served with distinction in the 
convention of 1817 and in Congress. The county town, 
named Brandon in honor of the governor, was the home of 
the famous Brandon Bank, and for a time was a great husiness 
centre. 

The question of greatest local interest during Governor 
Brandon's term was the removal of the Indians. General 
Jackson had some 3^ears hefore proposed locating them on 
lands west of the Mississippi River. His idea was finally 
adopted Avith some changes. The title of the tribes to their 
lands Avas recognized, and their right to remain Avas not ques- 
tioned. The plan adopted Avas to persuade them to sell their 
lands at a fair price, to be paid annually to the tribe. In 
addition to this, other lands sufficient for their purposes Avere 
to be given them Jn Indian Territory, and they Avere to be 
removed at the expense of the Government. When the 
ChoctaAvs made the cession in 1820, at Doak's Stand, a tract 
had been secured to them in Indian Territory, to Avhich such 
as wished could move. But very fcAV moved, and the Avhite 
people of Mississippi Avere urging more active steps. A grand 
council of all tlie ClioctaAV nation, held in 1828, had refused to 
sell their renuiining lands. GreeuAvood Le Flore, the Avise 
chief, and Colonel David Folsom, who Avere only half-blooded 
Indians, had used tlieir influence in favor of emigration, Avhicli 
they saw was so advantageous to the nation. But the full- 
blooded Indians charged them Avith betraying their race, and 
created for a time most intense feeling against them. 

A second effort Avas made, and finally on the 27th or 28th 
of September, 1830, General John Coffee and John H. Eaton 
succeeded in making a treaty at Dancing Rabbit Creek Avith 



Governor. Brandon's Administration. 113 

the '' miiigoes, chiefs, captains, and warriors " of tlie Choctaws. 
Perpetual peace and friendship were pledged between the par- 
ties. The United States conveyed to the Choctaws a tract of 
land in Indian Territory, equal in size to their lands in 
Mississippi, and agreed in addition to pay them twenty thou- 
sand dollars a year for twenty years. Besides this, the three 
leading chiefs, or mingoes, were to receive two hundred and 
fifty dollars a year each, and four sections of land in the State 
were to be reserved for each of them. Four sections were 
reserved for David Folsom, and smaller reservations were made 
for others. The widows of Pushmataha and Puchtshenubl)ee 
each received four sections, and provision was made for the 
veteran warriors who had fought for the United States with 
General Wayne. In consideration of these terms, the Choc- 
taws ceded to the United States all the remaining lands which 
they held in the States of Mississippi and Alabama, and 
agreed to move as soon as was practicable to their new homes. 

Greenwood Le Flore remained on 
his reservation, which was located in 
Carrol County, and amounted to 
twenty-five hundred acres. He was 
the son of a Frenchman and a Choc- 
taw woman, and had been well edu- 
cated at Nashville. He was a man 
of high character, and his rule as 
chief of the Choctaw nation was wise 
and just. He had established schools, 
and devoted his energy to elevating his ^ „, ^ ^ „„ 

O*^ O GREENWOOD LE FLORE. 

people. On the removal of his tribe 

he became a citizen of the State, and was universally esteemed 

and respected. In later years he became a State senator. 

David Folsom went with his people to Indian Territory, 
where he became their chief. He lived near Doaksville, the 
first capital of the Choctaw nation, until his death, leaving 
two sons, both well educated. 




114 HISTORY OF MISSISSIPPI, 

Arrangements were at once made for their removal, but 
several years elapsed before this was consummated. The 
terms of the treaty had stipulated that any ChoctaAv, the 
head of a family,, who wished to become a citizen, might re- 
main in the State and hold a reservation of land for a home. 
Some of those who availed themselves of this privilege became 
citizens, but a majority of them made it only a pretext for 
remaining, without any idea of becoming farmers and citizens. 
It was with great difficulty they were induced finally to join 
their tribe. 

The question of a circulating medium became an important 
issue during Governor Brandon's administration. The legis- 
lature during the Territorial days had incorporated the ''Bank 
of Mississippi,"' located at Natchez ; and the legislature of the 
State in 1818 had increased the capital of the bank, changed 
its name to the " Bank of the State of Mississippi," and 
thoughtlessly given it exclusive banking privileges, with power 
to establish branch banks in various localities. Twelve years 
had now elapsed, and the 2:)opulation of the State as shown by 
the fourth census, taken in 1830, had increased to 136,621, 
and all the agricultural resources of the State were being 
rapidly develo2:)ed. The single bank did not meet the wants 
of the people, and there was a universal demand for an 
increase in the banking capital and an expansion of the 
circulating medium of the country. Governor Brandon had 
discussed this in his message ; and the legislature at its annual 
session in 1830 determined, notwithstanding the exclusive 
privileges previously conferred on the " Bank of the State of 
Mississippi,'' to incorporate an additional bank, located also at 
Natchez, with power to establish branch banks, to be known 
as the " Planters' Bank of the State of ^Mississippi," with a 
capital of three million dollars. The act of incorporation was 
approved February 10, 1830. Two-thirds of this capital stock 
was taken by the legislature for the State, and paid for in 
bonds signed by the governor and countersigned by the 



GOVERNOR BRANDON'S ADMINISTRATION. 115 

auditor^ and the State thus became a stockholder in the 
bank. The remaining million dollars was taken by private 
citizens, and all stockholders were made responsible for the 
losses of the bank in proportion to the amount of stock held 
by each. The State received its certificates of stock and deliv- 
ered its bonds to the bank, wdiich w^ere sold at par for specie, 
and the proceeds were placed in the vaults of the bank. For 
a while the bank was entirely prosperous. 

In January, 1830, the legislature divided the county of 




OAKLAND COLLEGE FROM 1830 TO 1871. 

Monroe, and organized the southern portion into a new county 
named Lowndes in honor of William Lowndes. Columbus 
became the county site. 

Governor George Poindexter was elected, without opposition. 
United States senator to fill the vacancy caused by tbe death 
of Robert Adams, who had defeated Governor Poindexter in 
1829. Governor Poindexter at the time was serving tempo- 
rarily by appointment from Governor Brandon. 

An impression pi-evailed among the peoi)le that the consti- 
tution should be modified or a new one adopted : and the 
legislature, in December, 18o<), passed an act to submit the 



iiG HISTORY OF Mississippi. 

question of holdiug a convention to the peoj^le. The election 
was held in August, 1831, and a decisive majority voted in 
favor of the convention. At the session of the legislature in 
December following, an act was 23assed calling the convention 
and apportioning the representatives to the several counties. 

Oakland College was established at Rodney in 1830, under 
the auspices of the Presbyterian Church. Its first president 
was the Rev. Jeremiah Chamberlain, a gentleman of superior 
scholastic attainments, under whose management the institu- 
tion prospered for many years. Hon. James M. Smiley, a 
native of the State, and for many years circuit judge, received 
at Oakland College the first degree ever conferred by any col- 
lege in the State of Mississippi. In 1871 the State purchased 
the college from the Presbyterian Church, changed the name 
to Alcorn University, and established it as a State \J\\\- 
versity and Agricultural and Mechanical College for negro 
students. 

In the fall of 1831 Governor Brandon's second term was 
drawing to a close, and he declined a reelection, as he had 
served two full terms in succession. Abram M. Scott, from 
Wilkinson County, who had represented his county in the 
constitutional convention, and served as lieutenant-governor 
under Governor Brandon for the last four years, was nomi- 
nated and elected governor. Fountain Winston, of Adams 
County, was elected lieutenant-governor, and Franklin E. 
Plummer representative in the Twenty-third Congress. 

QUESTIONS. 

What do you know of Governor Brandon ? What counties were organ- 
ized in 1838 ? What question concerning the Indians came up during 
Governor Brandon's administration ? What steps Avere taken in the 
matter, and with what result ? Who was Greenwood Le Flore ? What 
aljout the State bank ? What college, was established in 1830 ? Who 
was elected to succeed Governor Brandon ? 



CHAPTER XXII. 

ADMINISTRATION OF GOVERNOR SCOTT. — CONSTITUTIONAL 
CONVENTION. — CHICKASAW CESSION. — 1832 TO 1834. 

Abram M. Scott was inaugurated governor in January, 
1832. He was a native of South Carolina, but had come to 
the Territory at an early day, and in 1811 commanded a com- 
pany in a regiment called out by Governor Holmes to fight the 
Creeks and Seminoles. He lived in Wilkinson County, which 
he had represented in the constitutional convention and in the 
legislature. His ability and courage, combined with his genial 
manner and upright life, made him universally popular, as is 
evidenced by the fact of his election for two terms as lieu- 
tenant-governor under Governor Brandon, although both were 
from Wilkinson County. 

In March, 1832, Judge Powhatan Ellis resigned his seat in 
the United States Senate, and John Black was appointed to 
succeed him by the governor. 

The constitutional convention, called by the last legislature, 
assembled at Jackson on the 10th of September, 1832, and 
organized by electing P. Rutilius R. Pray, an able lawyer from 
Hancock County, as president. Among the delegates were 
Governor Brandon of AVilkinson, and two future governors, 
John A. Quitman and Charles Lynch. The convention was 
in session one month and sixteen days, and the constitution 
adopted made several important changes. 

The three changes which characterized the constitution were : 
removing the property qualification for office and for suffrage, 
requiring all State and county officers (including judges) to be 
elected by the people, and putting an end to the holding of 



118 History of Mississippi. 

any office for life or good behavior. The office of lieutenant- 
governor was abolished, and the president of the senate was 
designated to act as governor if a vacancy occurred in that 
office. A radical change was made in the judicial department. 
A '^ High Court of Errors and Appeals " was provided for, with 
three judges, elected to serve six years, one of whom was to be 
chief justice ; a Superior Court of Chancery, with a chancellor, 
was established, and circuit and probate courts were provided. 
AVilliam L. Sharkey was the first chief 

#wv^l^ justice elected, and the ermine of a 

'j^, ji^dge never fell on worthier shoulders. 

Ilis mind was peculiarly fitted for un- 
tangling the sophistries of attorneys, 
grasping the real points and expressing 
his decisions with a force and clearness 
that compelled their acceptance. Ilis 
high character as a man and his ability 
as a judge were recognized by the 
people, and he was reelected by them 
at the expiration of three successive 
terms, although his political party was 
in the minority in his district. Cotesworth P. Smith and 
D. W. Wright were elected associate justices, and the opinions 
of the supreme court of Mississippi thus constituted were 
quoted as authorities in every State of the Union. 

A few days before the convention adjourned. General John 
Coffee, on behalf of the United States, finally succeeded in 
making a treaty with the Chickasaw nation assembled in 
grand council at their council house on Pontotoc Creek. 
This treaty was signed October 20th and 22d, and ceded to 
the United States all lands owned by the tribe east of the 
Mississippi, to be surveyed and sold by the Government in the 
same way that public lands were sold. The proceeds were to 
be held by the United States in trust for the tribe, and the 
chiefs were to find a home for their people west of the Missis- 




WILLIAM L. SHAKKEY. 



Governor Scott 's Ad3IIi\istration. 



no 



sippi. Sections of Itmd were reserved iiiul pensions pi'ovided 
for their chiefs, their aged warriors, and prominent members. 
The Chickasaws were very slow in finding a home, however, 
and in 1834, when a supplemental treaty was made with them, 
they were still undecided. They finally selected a tract west 




c)"fAjED GAPllbbAf jA^ct^orvf- 



of the Choctaws in Indian Territory, to which most of the 
trihe moved in 1835. 

In February, 1833, a partial appropriation of ninety-five 
thousand dollars was made for building the state-house, and 
ten thousand dollars for a governor's mansion ; but work was 
not l)egun on these buildings for several years, and much 
larger appropriations were needed. 

In February, 1833, the legislature carved a new county out 
of Yazoo, and named it Holmes in honor of David Holmes. 
The act met with sti'ong oj)p()sition and was vetoed by 



120 HiSTOliY OF MLSSLSSIFFI. 

Governor Scott, but both houses passed the bill by the neces- 
sary two-thirds vote over his veto. 

In December, 1833, sixteen new counties were organized out 
of the Choctaw lands ; but a portion of the Chickasaw lands 
was added to certain counties along the Chickasaw line, to 
^'^even up" their boundaries, and thus it hap^^tens that some of 
the Choctaw counties draw a small share of the Chickasaw 
school fund. 

The first county lying next to Rankin Avas named Smith in 
honor of Major .David Smith of Hinds County, and the 
court-house was first located at Fairfield, about four miles 
from the present county site, which was selected at a later day 
and named for Sir Walter Raleigh. The next county on the 
east was named for Sergeant Jasper, who immortalized him- 
self during the attack on Charleston in 177G. Paulding, the 
county site, was for many years a flourishing town, and was 
called the Queen City of the East. 

Clarke County Avas named for Judge Joshua G. Clarke, a 
distinguished chancellor of the State, and its county site was 
named Quitman in honor of General John A. Quitman. 
Lauderdale County was named in honor of Colonel Lauder- 
dale, who fell at the battle of New Orleans. The county site 
was first at Marion, but has since been removed to the flour- 
ishing city of Meridian. Scott County was named in honor 
of Governor Abram M. Scott, and the court-house was estab- 
lished at Hillsboro, but has since been removed to Forest. 
Leake County was named for Governor Walter Leake, and the 
court-house was established at Carthage. 

The next county was given an Indian name, Neshoba, and 
the county site was called Philadeli^hia. Kemper County was 
named for Colonel Reuben Kemper, a distinguished soldier ; 
and its county site was named DeKalb, for the famous baron 
who had given his life for the cause of American independence. 

Noxubee County was also given an Indian name, which is a 
corruption of Oka Nahka Shua, "stinking bullet water," the 



Governor hcott's AD3iiNfsTRATioiV. i;^i 

name given by the Indiaiis to the river to ('ouuiieiiionite iiii 
Indian battle which occurred there. Oktibbeha County also 
has an Indian name, which means '' fighting or bloody water," 
and commemorates a battle fought near there between the 
Ohoctaws and Chickasaws. 

AYinston County was named in honor of Colonel Winston, 
who commanded a regiment during the Territorial period. 
The county site was called Louisville. Attala County was 
named for an Indian maiden of the Choctaw tribe, and the 
county site Avas called Kosciusko. Choctaw County bears the 
name of the tribe, and was originally a large county, with its 
court-house at Greensboro. It was subsequently divided, and 
the town of Greensboro is now in another county. 

Carroll County was named for one of the signers of the 
Declaration of Independence, Charles C>arroll, and the county 
site was called Carrollton, the name of his home. Talla- 
hatchie County bears the name Avhich an Indian gave to the 
river which flows through it. Among the early settlers were 
a number of persons from Carolina, including two nephews* of 
John C. Calhoun, and the county site was named Charleston. 
Yalobusha County also bears the Indian name of the river 
which at that time Avas within the limits of the county, and 
its county site Avas named Coffeeville in honor of General 
John Coffee. In early days tAvo rival toAvns, Pittsburg and 
Tullahoma, Avere established by Governor Hunnels and Frank- 
lin E. Plummer, on adjoining sections, and the riA\alry and 
strife between the two culminated in their consolidation and 
the building up of the toAvn of Grenada. 

QUESTIONS. 

When was Governor Scott inaugurated ? What of him ? When \yas 
the convention held? What were the most important changes in the 
constitution ? What did the old constitution provide ? (See Chapter 
XVII.) What treaty was made ? Give an outline of it. What counties 
were organized in 1833 ? Wliy had they not been organized before ? For 
whom was each named V Give county sites, and other facts about each. 



CHAPTER XXIII. 

THE INDIAN TRIBES OF MISSISSIPPI. 

With the removal of the Chickasaws, the Indians pass for- 
ever from the history of the State, and we may here appro- 
priately give certain facts concerning the people whom the 
Europeans found on our soil. The three great tribes found 
within the limits of what we call Mississippi were the Choc- 
taws, the Chickasaws, and the Natchez. We call them na- 
tives, but they were in fact foreigners who had settled there 
at an earlier day. 

The Natchez, who lived along the Mississippi south of Big 
Black River, in the section now divided into the counties of 
Claiborne, Jefferson, Adams, and Wilkinson, and had their 
chief city at Natchez, belonged to a distinct family, and are 
believed to have come to Mississippi from Mexico after the 
conquest of Cortez. They are said to have taken part with 
him, but to have been driven off by his cruelty and greed. 
They were worshippers of the sun, and traced their origin to 
a land near that great luminary. Their chief was called the 
" Great Sun,^' and their subordinate chiefs of royal blood were 
called ''^Little Suns." When the Great Sun or one of the 
Little Suns died, a number of the tribe were killed to accom- 
pany the deceased on his last journey. The victims submitted 
willingl}^, and even sought the honor, in the belief of a future 
of bliss. Human sacrifices were also supposed to propitiate 
their deity, and to this is attributed the small number of the 
tribe. The men were tall and well shaped, with regular 
features, and an intelligent, frank, and even noble expression. 
The tribe was divided into three cUisses : First, the (Jreat 



THE INDIAN Tribes of iMississippi. 128 

Sun with his f<imily, tlie Little Suns, wlio constituted the 
nobility ; then followed the men of prominence ; the third 
class were the common peo^^le, who were called the '' stinking '' 
in the dialect of the tribe. They had two languages — one for 
the use of the common people, and the other for the sole use 
of the nobility. They were exterminated by the French, as 
will be remembered. 

The Choctaws were by far the largest tribe, and their land is 
shown on the preceding maps. They owned more than fifty 
villages, and were said to have once numbered twenty-five 
thousand warriors. Their name, which is sometimes spelled 
'^^Chacta" or " hatha," and means ''charming voice," 
seems to have been given them on account of their proficiency 
in singing. Their origin is unknown, but it is certain that 
they came to Mississippi at a comparativ elyrecent date and 
overran the country. Colonel J. F. H. Claiborne, the schol- 
arly historian, gives this tradition as related by the Choctaws 
themselves : 

'^ The Choctaws believed that their ancestors came from the 
West. They were led by two brothers, Chacta and Chicsa, at 
the head of their respective iksas, or clans. On their journey 
they followed a 2:>ole, which, guided by an invisible hand, 
moved before them. Shortly after crossing the Mississippi, 
the pole stood still, firmly planted in the ground, and they 
construed this as an augury that here they must halt and make 
their homes. The two leaders concluded to reconnoitre the 
country. Chicsa moved first, and ten days thereafter Chacta 
followed ; but a tremendous snowstorm had obliterated his 
bro therms trail, and they were separated. He went southerly 
to the headwaters of Pearl River, about the geographical 
centre of the State ; and the other brother, it was afterward 
ascertained, settled near where Pontotoc now stands. At the 
first meeting of the brothers it was determined that the two 
clans should constitute separate tribes, each occupying their 
respective territories, and the hunters of neither band should 



124 HISTORY OF MISSISSIPPI 

encroticli on the territory of the other. The Choc taws pre- 
serve a dim tradition, that, after crossing the Mississippi, they 
met a race of men whom they called Na-hou-lo, tall in statnre 
and of fair complexion, who had emigrated from the sunrise. 
They had once been a mighty people, but were then few in 
number, and soon disappeared after the coming of the Choc- 
taws." 

The Choctaws' manner of living was very similar to the 
Natchez', except they had not attained quite so high a degree 
of civilization. They were noted for their love of truth and 
for their fidelity to their friends. They were the uniform 
friends of the French, and nothing could detach them from 
the people whom they had befriended in their hour of v/eak- 
ness, Avhom they had fed when famine threatened them, and 
whose battles they had fought for many years. When our 
people acquired the territory, the Choctaws transferred their 
affections to them, and during all the years that followed they 
never swerved in their allegiance and devotion. 

One of the most conspicuous chiefs of the Choctaw nation 
in its latter days, in Mississippi, was Pushmataha, who Avas 
born on the soil of the State about the year 1765. He became 
distinguished on the war-path before he reached the age of 
twenty, and won the proud title of ^'the eagle." He was 
frequently on the war-path against other Indian tribes, and 
constantly added to his reputation for courage. During the 
wars of 1812 with England and the Creeks, a council of the 
Choctaw nation was assembled to consider the question on 
which side the Choctaws should ally themselves. The coun- 
cil was in session ten Avhole days, and the discussions waxed 
warm. All the chiefs and head men, save only Pushmataha 
and John Pitchlyn, counselled the neutrality of the Choctaws. 
Until the last day of the council Pushmataha remained silent. 
He then rose and said : '^ The Ci'feeks were once our friends. 
They have joined the English, and we must now follow differ- 
ent trails. When our fathers took the hand of Washington, 



The Indian Tribes of Mississippi 



125 




PUSHMATAHA. 



they told him the Clioctaws would always be the friends of his 
people, and Pushmataha cannot be false to their promises. I 
am now ready to fight against both the English and the 
Creeks. I and my warriors are going to Tuscaloosa, and when 
you hear from us again the Creek 
fort will be in ashes. ^' This 
prophecy was promptly realized; 
and the whites, who were much 
pleased with his brilliant and suc- 
cessful efforts against their ene- 
mies, gave him the title of ^'the 
Indian general.'^ In the year 
1824 Pushmataha visited the great 
"White Father in AVashington, 
where he was received with much 
distinction. He was taken seri- 
ously ill, and, finding that his life 

was drawing rapidly to a close, he expressed the desire that 
he should be buried with military honors, such as became a 
warrior, and that the '' big guns " should be fired over his 
grave. His last request was religiously complied with. He 
was accorded all the honors of a military funeral ; and a pro- 
cession, civil and military, of more than a mile in length, 
followed the dead chief to his last resting-place in the Con- 
gressional Cemetery. General Jackson expressed the opinion 
that the great Choctaw chief was '' the greatest and the brav- 
est Indian.'' he had ever known ; and in the Senate of the 
United States, Mr. Randolph declared that he " was wise in 
council, eloquent in an extraordinary degree, and on all occa- 
sions and under all circumstances the white man's friend.'' 

The Chickasaws beloiiged to the same family as the Choc- 
taws, but numbered only about half as many warriors. They 
were more active and more warlike, but were always our 
friends, and in their treaty at Pontotoc Creek recalled the fact 
that they had never raised a tomahawk against the Americans. 



126 HISTORY OF MISSISSIPPI. 

They had their principal towns and villages in what are now 
known as Monroe and Pontotoc Counties. Their chief towns 
were in the latter county, and their largest one was in the 
vicinity of the present town of Pontotoc. 

Only a small remnant of the Choctaws and Chickasaws now 
live in the State of Mississippi. According to the census 
returns of 1890, the number of civilized Indians living in the 
State was 2,036, and the number living on their lands in 
Indian Territory are 9,996 Choctaws and 3,364 Chickasaws. 
They are all called civilized, having comfortable homes, good 
schools, and Christian churches. 

Besides these three great nations, there were three small 
tribes. The Biloxis and the Yazoos lived along the rivers 
which bear their names, and a small tribe called the Cocchu- 
mas lived along the Tallahatchie and Yalobusha Rivers. They 
were all conquered and absorbed by the larger tribes before the 
Americans came to the State. Another small tribe had lived 
along the Pascagoula Piver, Avhich was named for them, but 
they had been extinct for many years. A beautiful legend is 
told of the extermination of the Pascagoulas. They were 
sorely beset by hostile tribes, and had been defeated in many 
well-contested fields. Their young men had fallen in battle, 
their towns were destroyed, and their fields were wasted. 
Noiie were left but the old men, with helpless women and 
children. The shouts of their victorious foes were ringing in 
their ears, and, rather than be enslaved, they resolved to die. 
The old men, women, and children — all that remained of the 
tribe of the Pascagoulas — clasped hands and marched into the 
shining waters, chanting their death-song, and thus perished. 
On summer nights mysterious music was heard arising from 
the waters of the Pascagoula, and people of imaginative minds 
came to regard these sad, sweet sounds as the death-wail of 
the Pascagoulas who, two centuries ago, perished beneath the 
waves. 



CHAPTER XXIV. 

CONCLUSION OF GOVERNOR SCOTT's ADMINISTRATION. — POLIT- 
ICAL PARTIES. — ADMINISTRATION OF GOVERNOR RUNNELS. 
— 1834 TO 1836. 

During Clovernor Scott's administration party lines were 
closely drawn for the first time in Mississippi. In the first 
presidential election (1820) after the State was admitted, our 
success in the war with England had destroyed the old Feder- 
alist party, and the '' Republican " candidate. President Mon- 
roe, was reelected without opposition. Clay, Calhoun, and 
Jackson were all Rej^ublicans. In the years that followed new 
issues sprang up, and in 1828 the Republican party divided 
into two wings — the " Democratic Republican " led by Jackson 
and Calhoun, and the '*' National Republican " led by Henry 
Clay. The people of Mississippi had been nominally members 
of one or the other of these parties, but no sharp issue had 
occurred to emphasize the differences, and in State elections 
they were ignored. With so aggressive a man as Andrew 
Jackson for President, the issues were at once sharply made. 
On the 10th of July, 1832, he vetoed the act of Congress 
granting a new charter to the United States Bank, and the 
entire country was convulsed with excitement. He was then 
a candidate for reelection ; and his party, having dropped 
the " Republican " from its name, became the Democratic 
party. The National Republican wing of the old party had 
nominated Henry Clay, the great commoner, as its candidate 
against Jackson, and, dropping its old name, became the Whig 
party. The Democrats favoi-ed tariff for revenue only and 
ojjposed the ])aiik. The Wliig party were foi- protective tariff' 



128 HISTORY OF MISSISSIPPI. 

and espoused the cause of the bank. The political excitement 
continued until the election in November, and all local issues 
in Mississippi were forgotten in this first furious contest be- 
tween Democrats and Whigs. Jackson was reelected by a 
large majority. In his first message to Congress, he declared 
that the Government money in the United States Bank was un- 
safe and should be removed. A majority of the committee to 
whom this recommendation was referred believed the money per- 
fectly secure, and reported against its removal. The President 
saw that Congress would be divided ; and so, being determined 
to carry his point, he requested tlie Secretary of the Treasury, 
William J. Duane, to order the removal of the deposits. 
When Duane refused, and also refused to resign, the President 
removed him and appointed Eoger B. Taney of Maryland, who 
carried out his wishes. The Whigs denounced the President's 
course as revolutionary and tending to despotism. Resolutions 
of censure were passed by the Senate of the United States, for 
which both senators from Mississippi, George Poindexter and 
John Black, voted, though the majority of the people of Mis- 
sissippi sustained the President. The removal of the Govern- 
ment funds from the Bank of the United States and deposit- 
ing them with State banks was followed by a wild era of 
banking, inflated currency, and reckless speculation. In no 
State were the results more disastrous than in Mississippi. 

Meanwhile, the enforcement of the tariff of 1828 had been 
resisted in South Carolina, and her convention in November, 
1832, had passed the famous Nullification Ordinance. Jack- 
son, though opposed to the protective tariff, denied that any 
State had the right to nullify an act of Congress, and an- 
nounced his determination to enforce the law. This made a 
new national issue of intense interest. 

Mr. Clay proposed a compromise by which a gradual reduc- 
tion was to be made in tariff, and, as this was satisfactory 
to South C'arolina, she rescinded her nullification resolution. 
These (|uestions had become leading issues in Missi8sip})i, 



Governor Runnels\s administration. 129 

and ill 1833 the legislature passed resolutions opposing the 
protective tariff, but also opposing nullification as a remedy. 

In N"ovember, 1833, the whole State was shocked by the 
sudden death of Governor Scott, who, in the prime of life, fell 
a victim to Asiatic cholera. Fountain Winston, the last lieu- 
tenant-governor under the constitution of 1817, acted as gov- 
ernor during the remainder of the year. 

The Democrats in the fall of the year nominated Hiram G. 
Runnels of Hinds County for governor. He was elected, and 
Harry Cage and Franklin E. Plummer were elected to Con- 
gress, the State under a new apportionment being for the first 
time entitled to two representatives. 

Hiram G. Runnels was inaugurated governor in January, 
1834. He was a native of North Carolina, but when a boy 
was brought to the Territory by his father. He was raised in 
Lawrence County, and grew to the full stature of a Mississip- 
pian in heart, brains, brawn, and courage. He was educated 
in an old field school, but by untiring energy and natural abil- 
ity he rose to leadership in public affairs. 

Governor Runnels convened the legislature in extra session 
on the 19tli of January, 1835, and submitted an elaborate and 
well-considered message. He had assumed authority to issue 
writs of election to the new counties organized just before that 
time from the Choctaw lands. The State senate denied his 
power under the constitution to issue the writs. The house 
of representatives admitted the newly elected members ; but 
the senate held that they were not entitled to seats, and that 
the house of representatives, in which these members were 
sitting, was not a legal body under the constitution. 

The governor was a devoted follower of President Jackson, 
and earnestly desired that the resolution censuring the Presi- 
dent for his alleged unconstitutional act in the removal of the 
public moneys from the Bank of the United States be ex- 
punged, and that Mississippi's United States senators should 
be instructed so to vote. The lower house was in full accord 
9 



130 HISTORY OF MISSTSSIPPI. 

with the governor, but the senate refused its cooperation, and 
by resolution so informed the executive. It also notified him 
that the time was fixed for its adjournment. The house, how- 
ever, would not agree to adjourn ; and it was the duty of the 
governor, according to the constitution, when the two houses 
could not agree on this point, to fix such time for adjournment 
as he thought proper. He therefore declared the extra session 
adjourned. It had lasted eleven days, engendered much bit- 
terness and accomplished no good. 

The election which followed in the fall was hotly contested, 
(lovernor Runnels was renominated by the Democrats, and 
Charles Lynch of Lawrence was nominated by the Whigs. 
The leading speakers of both parties spoke in all parts of the 
State, and the result was that the Whigs elected Governor 
Lynch, while the Democrats elected a majority of the legis- 
lature. David Dixon, and Colonel J. F. H. Claiborne were 
elected members of Congress. When the legislature met, 
Robert J. Walker defeated Governor Poindexter in the elec- 
tion for L'nited States senator. 

QUESTIONS. 

What two political parties sprang up at tiiis time ? What great 
national issue was before the people, and what was the President's atti- 
tude in the matter ? What action did South Carolina take ? Who was 
elected governor in 1833, and what do you know of him ? What trouble 
occurred in the legislature in the session of 1835 V What was the result 
of the State election in 1835 ? 



CHAPTER XXV. 

ADMIXISTRATION OF GOVERNOR LYNCH. — GROWTH AND 
DEVELOPMENT. — CHICKASAW COUNTIES. — THE UNION 
BANK. — 1836 TO 1838. 

Charles Lynch was inaugurated governor on the seventh 
day of January, 1836. He came to Mississippi from South 
Carolina at an early day, and settled at Monticello, in Law- 
rence County, where he engaged in merchandising. He was 
a successful merchant and a man of sound judgment and high 
integrity. 

His administration opened with the most prosperous year in 
the State's history. The wonderful richness of the land and 
the superior intellectual character of the people had at an 
early day attracted immigration ; the opening of the Choctaw 
counties had swelled the tide, and now that the fertile Chick- 
asaw lands were offered for sale, a perfect flood poured into 
the State. Rich planters from Virginia, the Carolinas, Geor- 
gia, and Tennessee came with their families and their property 
to settle on the lands which they had bought. Wealthy mer- 
chants, able lawyers and physicians, and superior artisans of 
every kind came to the new towns which sprang up like 
magic. Money was plenty — or rather banknotes that passed 
for money — and a glorious future seemed assured. Lands 
which had been bought a few years before had quadrupled in 
value ; and every man was filled with a wild desire to purchase 
large tracts of Government land at Government prices, which 
he believed could be sold again in a few years at immense 
profit, and large sums of money were borrowed to make these 
purchases. 



132 History of Mis^ssippi. 

Through this wild desire for land most of the ''sixteenth 
sections/' except in the Chickasaw counties, were lost to the 
people. Each township is divided into thirty-six sections, and 
the section '^o. 16, which lies near the centre of the township, 
had been at an early day reserved by Congress out of all pub- 
lic lands, and delivered to the State, in trust, for the benefit of 
the public schools of the township. The legislature author- 
ized the county authorities to lease these lands for ninety-nine 
years and invest the proceeds for the schools. These long 
leases were equivalent to a sale, and during the year 1836 
most of the sections were leased at from one dollar and twenty- 
five cents to four dollars an acre. Xotes of the purchasers, 
with personal security instead of mortgage on the lands, were 
taken in payment. Many of these notes were never paid, or 
were paid in banknotes that soon became worthless, so that 
little or nothing was ever realized. The lands passed into 
the hands of innocent purchasers, and so the sixteenth sections 
are lost to the people of the State until the year 1935, when 
most of these leases expire. In rare instances the sixteenth 
sections have been judiciously managed, and the city of Colum- 
bus receives annually about twenty-five hundred dollars from 
this source. 

In January of this year the legislature divided the last 
Chickasaw cession into ten new counties. 

Tishomingo County was named for the head chief of the 
Chickasaw nation, and at this time was the largest county in 
the State, Alcorn and Prentiss having been since taken from 
it. The county site was for years at Jacinto, now in Alcorn 
County. Tippah County bears the name of the Tippah River, 
which rises among its hills, and was originally a large county. 
The county site was located at Ripley. Marshall County was 
named for the distinguished chief justice of the United States, 
and its court-house was located at Holly Springs, which grew 
at once into a flourishing city. 

De Soto County was named for Hernando de Soto, and lies 



Governor Lyncips Admintstbation. 133 

near the point where he first saw the great river. The connty 
site was given his first name, Hernando. Tnnica Connty lies 
along the river. The first town in the county was called Com- 
merc^, and was located on the Mississippi River with the belief 
that it would become a great city, but the river now flows where 
it once stood. Austin is the present county site. Panola 
County also has an Indian name, and its county site is Sardis. 

La Fayette County was named in grateful recognition of 
the military services of Marquis de la Fayette, and the county 
site was located at Oxford. Pontotoc County bears the name 
of the creek on which the great council-house of the Chicka- 
saw nation was situated, not far from the present town of 
Pontotoc, which became the county site. Itawamba County 
was named for the Indian chief Ita-Wam-Ba, whose real 
name was Levi Colbert. In return for service the Chickasaws 
gave him the Indian name, and he became one of their tribe. 
The court-house was located at Fulton. Chickasaw County 
perpetuates the name of the great Indian tribe, and its court- 
house was located at Houston. 

Three other counties were organized by the legislature at its 
session, from the Choctaw lands. Coahoma County has an 
Indian name, which, in the Choctaw language, means ^^red 
panther."^ The county was named by Governor McNutt, then 
a member of the State senate. Its court-house was located at 
Friar's Point, named for Robert Friar, who settled at that 
place. Bolivar County, lying just below it on the river, was 
named for General Simon Bolivar, the great liberator of South 
America. The county of N"ewton was named for the great 
scientist. Sir Isaac Newton, and is one of the three counties of 
the State whose territory forms a perfect square. The court- 
house was located at Decatur. 

With the organization of these counties came the question 
of their being represented at the next meeting of the legis- 
lature ; but no action was taken by that body, and the gov- 
ernor, when applied to, declined to issue writs of election. 



134 HISTORY OF MISSISSIPPI. 

The Boards of Police in the new counties, however, ordered an 
election. 

The legislature adjourned in Fel)ruary, 1830, until January, 
1837. When that body reassembled they were congratulated 
by the executive upon the safe arrival of foreign vessels with 
full cargoes at Natchez, Grand Gulf, and Vicksburg. The 
idea of towing ships up to Natchez had been ridiculed as 
visionary and impracticable ; but after it was accomplished, 
the governor, in his communication to the legislature, said : 
^' AYhatever diversity of opinion may have heretofore existed, 
all, I presume, will now agree both as to the policy and prac- 
ticability. The decided advantages to flow out of direct ship- 
ments to and from foreign ports are so obvious that it cannot 
be necessary to enlarge upon the subject.^'' So, more than 
a half century ago, our people looked forward to substantial 
benefit to be derived by direct trade with foreign countries. 

The delegates elected by order of the Boards of Police in the 
new counties now appeared and demanded seats. Sargent S. 
Prentiss led the fight against their admission, but the ten 
Chickasaw representatives were finally seated. 

The banknotes had grown more and more worthless, and 
finally the United States refused to permit the land offices to 
receive anything but gold or silver in payment for lands. 
This demand for sj^tecie payments in the land offices in 1836-37 
was regarded as very oppressive to the people, who had plenty 
of banknotes, but no specie. 

To meet this demand for specie, an act was passed to in- 
corporate the Union Bank of Mississippi with a capital of 
115,500,000, whose stockholders should be citizens of the 
State, and to whom the State should lend its bonds for that 
amount, and be secured by a mortgage on the 2:>roperty of 
the stockholders. Under the constitution, the act could not 
take effect until it had been passed by the next legislature ; 
and so on the 21st of January, 1837, Governor Lynch approved 
it^ '• so far as the action of this legislature is recognized." 



GOVERNOR LYNCH'S ADMINISTRATION. 135 

During this year came the great business panic. It was the 
natural result of the wild speculation and the loose banking 
systems of the day. The demand for specie payments by the 
land offices had gradually collected all the coin of the country 
in the National Treasury, and it was imjoossible for the banks 
to redeem their notes. As a consequence, banks in all the 
cities of the Union suspended specie payment, banknotes 
became valueless, and thousands of business men all over the 
country were involved in ruin. 

Alexander G. McNutt, during his brief service in the 
Senate, had so impressed his personality on his party that he 
was nominated in the summer as their candidate for governor. 
J. B. Morgan was the opposing candidate, but McNutt was 
elected. 

QUESTIONS. 

What can you say of the new governor ? What was the condition of 
the State at the opening of his administration ? What provision had 
been made by Congress with regard to the sixteenth section in each town- 
ship ? Name the counties into which the Chickasaw cession was divided, 
and tell how each was named. What other counties were organized 
from the Choctaw lands ? What advance had been made in trade with 
foreign countries which the governor mentioned in his speech to the 
legislature ? What marks 1837 as a disastrous year in the history of the 
country ? Who was elected to succeed Governor Lynch ? 



CHAPTER XXVI. 

ADMINISTRATION^ OF GOVERNOR McNUTT. — UNION BANK 
BONDS. — GENERAL JACKSON VISITS MISSISSIPPI. — 1838 TO 
1842. 

Alexander G. McNutt was inaugurated governor of 
Mississippi iu January, 1838, just as he had reached the age 
of thirty-six. He was a native of Virginia, a graduate of 
Washington College, and a lawyer of great ability. Tall and 
commanding in appearance, endowed with a splendid intellect, 
a fine talker and a brilliant writer, it is not strange that he 
soon became pojoular. AVhen he became governor, just after 
the panic of 1837, a general depression pervaded the whole 
country. The era of worthless banks, inflated currency, and 
reckless speculation had produced a harvest of bankruptcy and 
distress for Mississippi. During the six years preceding, bank- 
ing companies had been chartered with an aggregate capital of 
153,750,000; yet the people still clamored for more banks, 
A number of railroads had been incorporated with banking 
privileges, which included the power to issue their own notes 
for circulation. If all these railroads had been built, Missis- 
sijjpi at that time would have equalled Illinois of to-day in her 
railroad facilities. 

When the legislature assembled in 1838 there was a heated 
contest for speaker of the house between A. G. Brown, a 
Democrat from Copiah, and Dr. John W. King, a Whig from 
Rankin. Dr. King was elected on the ninth ballot by one 
majority. One of the first measures to come up was the act 
of the previous legislature incorporating the Union Bank with 
its immense nominal capital. The legislature promptly pro- 



Governor McNutt's Administration. 137 



ceeded to reenact the original act, and Governor McNutt 
affixed his signature on the 5th of Febrnary. A supplemental 
act was passed, and approved by the governor only ten days 
later, which required the governor to subscribe for live million 
dollars of the stock in the name of the State, and to pay for 
the same with State bonds. This changed the original act 
very materially. During the spring and summer of that year 
five million dollars of the bonds were signed by the governor 
and State treasurer and delivered to the officers of the Union 
Bank. The Bank selected three commissioners, and through 
them sold the bonds to Nicholas Biddle of Philadelphia, 
president of the Bank of the United States. But the entire 
banking system of that period was radically defective, and the 
Union Bank, in the very nature of things, was doomed to 
disaster. 

In January of this year Sargent S. Prentiss made his famous 
three days' speech in the Mississippi 
election case before the national 
House of Representatives. This mem- 
orable contest, which was discussed in 
every village in the Union, had begun 
in the spring of 1837 in this way : A 
special session of Congress was called 
to meet in September of that year, 
and, as the Twenty-fourth Congress 
had expired on the 4th of March, 
only members of the Twenty-fifth 
Congress were entitled to seats. In 
Mississippi, congressmen were elected 
in November at the regular State 

elections, which occurred on the odd years, while all the 
other States (except Arkansas) elected their congressmen in 
the even years. Hence, when the special session of Congress 
was called, Mississippi had no representatives, and the regular 
State election was months away. Governor Lynch ordered a 




^.<:^. 



138 History of Misisissippi. 

special election in July to "fill the vacancy'' until after the 
November election. At this special election Prentiss and 
Word were Whig candidates against Claiborne and Gholson, 
Democrats, and were defeated because of the prejudice against 
Mr. Prentiss in the Chickasaw counties. But in November 
the regular election required by the State law was held, and 
Mr. Prentiss canvassed the whole State, speaking in forty-four 
counties. The result was the election of Prentiss and Word 
by a majority of nearly two to one ; but, when they applied 
for their seats, they found Congress had seated Claiborne and 
Gholson for a full term, on the ground that the election in 
July had filled the vacancy for the remainder of the two years. 
Then followed the great contest, and the result was that Clai- 
borne and Gholson were unseated ; but, on the proposition to 
seat Prentiss and AVord, the vote was a tie, and the speaker, 
James K. Polk, voted against them, so that there was again 
a vacancy for Mississippi. Another special election was 
ordered to be held in April to fill this vacancy, and thus, 
for the third time in twelve months, Prentiss came before 
the people. This time General Gholson declined to run, and 
James Davis was nominated by the Democrats in his stead to 
make the race with Colonel Claiborne. But Prentiss had 
captivated the people, and he and Word were elected. He 
served only one term, but made a brilliant record as an orator. 

During the year 1838 the boundary line between Mississippi 
and Tennessee was run again. This lost some valuable terri- 
tory to the State, instead of bringing her the large gain that 
had been hoped for. 

In 1839 the capitol was completed and occupied for the 
first time. Six years had passed since the first appropriation, 
and several hundred thousand dollars had been spent. 

The legislature in January, 1839, elected John Henderson 
to succeed Judge James F. Trotter as United States senator. 
In November, 1839, the Democrats again carried the State. 
A. G. Brown and Jacob Thompson were elected to Congress, 



Governor McNutt's ad3itntstration. 130 

and Governor McNutt by a good majority defeated Judge 
Edward Turner, the Whig candidate for governor. 

In January, 1840, Governor McNutt began his second term. 
In his message to the legislature in 1840 he inaugurated a 
war on the Union Bank, and urged tlie immediate repeal of 
the charters of all banks that were unable to meet their obliga- 
tions promptly. When the legislature met again in 1841 he 
renewed his attack on the Union Bank, and also on the 
Planters' Bank and the Mississippi Eailroad Company. He 
made a strong argument in favor of repudiating the Union 
Bank bonds, because they had been sold on credit, instead of 
at par for cash as required by law, and because the United 
States Bank of Pennsylvania was prohibited by its charter 
from buying them. The legislature did not agree with him, 
liowever, and passed resolutions in favor of paying the bonds. 

The great tornado at Natchez occurred in 1840, and de- 
stroyed all that part of the city under the hill, besides doing 
immense damage in the main part of the city. There were 
three hundred and forty-six persons known to be killed, and 
supposed to be five or six hundred lives lost on the steam 
and flat boats that were then lying at the wharf. 

The second term of Governor McNutt was made memor- 
able by the visit of General Andrew Jackson to the capital 
of Mississippi. A joint committee of the two houses was 
appointed to wait on the venerated chief in New Orleans, 
where he had gone to be present at the laying of the corner- 
stone of a monument to commemorate the victory won by 
the army under his command on the 8th of January, 1815. 
The old hero accepted the invitation. He had time and again 
led the sons of Mississippi to battle and to victory. He mar- 
ried his wife on Mississippi soil, and had spent much time at 
the hospitable homes of her friends in the State. The people 
of the State took steps to show all honor to the illustrious 
general. The citizens of Natchez invited him to stop over 
in that city and accept a public dinner on his voyage up the 



140 HiSTOBT OF ML'^rSSIPPI. 

river. Ou his arrival, the entire pojmhition turned out to 
meet him. At A-^icksburg he was welcomed by the civic 
authorities, with two military companies to serve for escort 
duty. On his arrival at Jackson, an immense concourse of 
people had assembled to do him honor. The legislature in 
joint session received the honored guest, and ladies and gentle- 
men called in large numbers to pay their respects. No such 
outpouring of admiration and affection has been witnessed 
since that day, except on the occasion of the visit of Jefferson 
Davis in 1884. 

In January, 1841, the legislature formed a new county out 
of Hancock and Jackson, and named it Harrison in honor of 
General William Henry Harrison, who had just been elected 
President. The county includes Ship Island harbor, and the 
county site is Mississippi City. 

The Whigs nominated Judge David Shattuck as their can- 
didate for governor, and inserted in their platform a clause in 
favor of paying the bonds. The Democratic platform made 
no mention of the bonds, and Hanson Allsberry was their 
first nominee. But, as he left the State, Tilghman M. Tucker 
of Columbus was made their standard-bearer, and was elected. 
A. G. Brown had declined to be a candidate for Congress, and 
was elected circuit judge. Dr. William M. Gwin was nomi- 
nated in his stead, and, with Jacob Thompson as his colleague, 
was elected. 

QUESTIONS. 

What of Governor McNutt ? What was the feeling at that time ? 
What occurred in the legislature ? What of the Union Bank ? Give the 
story of the contested election case. What of the boundary line ? The 
capitol ? Who was elected senator ? What did Governor McNutt do in 
1840 ? What of Jackson's visit ? What county was formed ? What 
candidates nominated ? 



CHAPTER XXYll. 

A.DMINISTRATIOX OF (iOVEKXOR TUCKEH. — MRS. GRAVES.^ 
JEFFERSOX DAYIS ENTERS POLITICAL LIFE. — 1842 TO 1844. 




TILGHMAN M. TUCKER. 



TiLGHMAX M. Tucker was inaugu- 
rated governor in January, 1842, and 
was the first to occupy the governor's 
mansion. He was a native of North 
Carolina, a sound, painstaking lawyer. 
The contest between the two parties 
during the fall of the previous year 
liad been exceedingly bitter. (Gov- 
ernor McNutt's messages, the demand 
of the bondholders in the State for 
payment and the governor's reply, and 
the bond-paying clause in the Whig 
platform had made the 2)ayment of the bonds the issue of the 
fight. Sargent S. Prentiss (whom the Whigs had made tiieir 
candidate for the United States Senate), ex-Governor Poin- 
dexter, and others led the Whig forces. Governor McXutt, 
Eobert J. Walker (the Democratic candidate for reelection to 
the United States Senate), William M. Gwin, and Jacob 
Thompson led the Democrats. Both sides of the question 
were ably presented and fully argued ; and the people, by a 
small majority, after hearing the discussions, elected the can- 
didates opposed to paying the bonds. 

When the legislature assembled in 18-i2, Robert J. AValker 
was reelected to the United States Senate. With the defeat of 
the bond-payers, Mr. Prentiss lost all chance of being elected. 
A lawsuit involving all his property in X^icksburg v/as decided 



142 



HISTORY OF MlS.^ISSIPPl. 




against him shortly after,, and he opened an office in New 
Orleans. 
A few years before, Samuel J. Gholson was appointed judge 
of the United States District Court 
for the State of Mississippi, to suc- 
ceed Judge Adams, and this posi- 
tion he filled with distinction for 
many years. At the breaking out 
of the war, he entered the Con- 
federate army and rose to the rank 
of general. 

In February, 1842, a steamboat 
made a trip from Lake Pontchar- 
train to Enterprise, in Clarke 
County, and returned. The town 
of Enterprise had been founded by 
John J. McRae, then a resident of Paulding, who Avas im- 
pressed with the beautiful location and fine water-power 
afforded by the C'hickasahay River. One of his pet schemes 
was the navigation of that stream, and he devoted all his 
energies to securing funds for clearing out the river and put- 
tins: on a line of steamboats. But the building of railroads 
solved the problem of transportation. 

It was about this tiuie that attention was especially directed 
to the building of levees along the Mississippi River, and a 
survey was made for that purpose. This was the beginning in 
Mississippi of the magnificent levee system which noAV protects 
the whole river front. 

It was during the term of Governor Tucker that the defal- 
cation of Richard S. Graves, State treasurer, occurred, for 
$44,838.46. Graves was arrested, charged with embezzlement, 
and arraigned before Chief Justice Sharkey of the high court 
of errors and appeals, who presided over the committing court. 
The sum was large for that day, and the end)ezzlement caused 
intense excitement, During the progress of tlie trial, (J raves 



GOVERNOR TUdKER'S ADiMINISTRATION. 143 

was in the custody of the sheriff of Hinds County, and under 
guard at his residence. One day Mrs. Graves came to the door 
of the room in which her husband was a prisoner, and requested 
to see him. She was granted the privilege, and, in less than an 
hour, passed, as the guard supposed, out of the room to her 
own apartments. The guard, hearing no noise, looked into 
the room and saw, apparently, the prisoner in bed. A near 
approach to the sleeper developed the fact that the occupant 
of the bed was Mrs. Graves, and that it was the defaulting 
treasurer who passed the guards, dressed in his wife's apparel. 
When next heard from. Graves was in C'anada. 

A few years afterward, his wife visited Jackson during the 
session of the legislature, and made a i)athetic appeal for 
amnesty for her husband. She said that he was growing old, 
his health was impaired, and his great desire was to return to 
Mississippi to spend the remaining years of his life, and, when 
the last summons came, to be buried in the soil of the State he 
had so wronged. The appeal of the wife for the dishonored 
husband touched the heart of every legislator, but inflexible 
duty would not allow the request. AVith shattered hopes and 
an additional load of sorrow, this devoted wife sadly returned 
to her husband, an exile in the land of strangers. 

The fifth census, which showed the population of the State 
to be 375,651, had been taken in 1840 ; but the census dejjart- 
ment was not then well organized, and it was 1842 before the 
now Congressional apportionment was made. The representa- 
tion of the State was doubled, and she was now entitled to four 
mem])ers in the lower House. 

Wiien the fall elections came on in 1843, Jacob Thomp- 
son was renominated by the Democrats as one of the repre- 
sentatives, and the other nominees Avere Governor Tilghman 
M. Tucker, AV. A. llammett, and R. AV. Roberts. Albert 
Gallatin Brown, who had served with distinction in the legis- 
lature, in ('ongress, and on the bench, was nominated for 
governor. 



144 HISTORY OF ML^SLSSIPPI. 

It was during the summer of 1843 that Jefferson Davis first 
entered the field of politics. Born in Christian County, Ken- 
tucky^ on the third day of June, 1808, he had been brought 
to Mississippi while a tender infant and nurtured on the soil of 
the State he loved so well. Appointed a cadet to West Point, 
he was graduated in June, 1828, and entered the army as 
brevet second lieutenant. Some years of his life were spent in 
the West, and he was actively engaged in the Black Hawk war, 
where he saw much hard service and gained his promotion to 
the grade of first lieutenant. In 1835 he resigned and retired 
to his Briarfield plantation, where he devoted eight years to 
hard study. Emerging from his seclusion, he became the 
Democratic candidate for the State senate from Warren ; but, 
as the county was strongly Whig, he only gained an opportu- 
nity to impress his party with his power and intellectual 
resources. 

In- the State, the Democratic party elected all the State 
officers, members of Congress, and a majority in the legislature. 



QUESTIONS. 

What of Governor Tucker ? Describe the contest preceding his elec- 
tion. What did the legislature do? What of Mr. Prentiss? What 
occurred in February, 1842 ? Give the story of Graves. What of the 
fifth census ? Who were candidates in the fall of 1843 ? Who then 
first entered politics ? Was he elected ? What is said of him V 



CHAPTER XXVIII. 

ADMIi^ISTRATION OF GOVERNOR BROWN. — PUBLIC SCHOOLS. 
— STATE UNIVERSITY. — 1844 TO 1846. 




ALBERT G. BROWN. 



Albert Gallatin Brown was in- 
augurated governor of Mississippi in 
January, 1844, a few months before 
he had reached the age of thirty- 
one. He was a native of South Car- 
olina, but when a boy came with 
his father to the State and grew up 
in Copiah County. He was elected to 
the legislature at twenty-one, speaker 
of the House at twenty-three, mem- 
ber of Congress at twenty-six, judge 
of his circuit at twenty-eight, and 
governor of the State at thirty. He was a man of the people, 
and in his long public life was never defeated as a candidate 
for any office in their gift. 

The session of the legislature during that year was signalized 
by an act incorporating the University of the State of Missis- 
sippi, and providing a board of trustees to whom was intrusted 
its organization and government. Two years after the State 
was admitted to the Union, Congress had given thirty-six sec- 
tions of land, in trust, for the support of a university, and in 
1833 all but a half section of this land had been sold for 
1277,332.52 ; and this sum, with 18,400 received from rents, 
constituted the endowment. But no further steps were taken 
until 1841, when the legislature met in joint convention to 
select a location for the college. The places voted for were 
Oxford, Mississippi ('ity, Brandon, Kosciusko, Louisville, 
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GOVERNOR BROWN'S AD3IINISTRATI0N. 147 

Middleton, and Monroe Missionary Station. It was qnite a 
heated contest, and by the sixth ballot was reduced to Oxford 
and Mississippi City. Oxford was selected by one majority, 
the vote being fifty-eight to fifty-seven. The first session began 
in 1848. The State continued to use the university fund 
which it held in trust, and when a final settlement was made, 
in 1857, the balance due the university was found to be $874,- 
324. The State to-day still uses this fund, and the annual 
appropriation to the university is not a donation, but payment 
of interest on this debt. 

The legislature also organized two new counties in the rich 
delta lands. One of these was given an Indian name, Issa- 
quena, and its court-house is at Mayersville. The other was 
named Sunflower, and its county site was first at McNutt, but 
was changed to Johnsonville and later to Indianola. Both 
counties were originally large, but a portion of each was taken 
off to form other counties. 

The visit of Henry Clay to the caj^ital was one of the inter- 
esting incidents of 1844. Learning in April that he would 
stop at Yicksburg on his return from New Orleans, his devoted 
followers and ardent friends appointed a committee to meet 
the great statesman and idol of the Whig party at Yicksburg, 
and escort him to Jackson. He returned with the committee, 
accompanied by the great orator S. S. Prentiss, and on his 
arrival was met by an immense concourse of people. Never did 
"Harry of the West'' aj^pear to better advantage or speak 
with more force than when he stood up in an open carriage in 
front of the capitol and addressed the throng that had gath- 
ered to welcome him. He was then once more a candidate 
for President, but, because of the position he had taken as to 
the annexation of Texas, was defeated in November following 
by James K. Polk, the Democratic nominee. Mr. Polk was 
an outspoken advocate of the annexation, and his inaugu- 
ration, in 1845, was followed by an act of Congress which made 
Texas a State of the Union. 



148 HISTORY OF MISSISSIPPI. 

In March of that year Senator Robert J. Walker resigned 
his seat in the United States Senate to accejit the office of 
Secretary of the Treasury tendered him by President Polk, and 
Governor Brown appointed Judge Joseph W. Chalmers of 
Marshall County to fill the vacancy. 

In the summer of 1845 the Democratic party again made 
Governor Brown their standard-bearer, and for Congress nomi- 
nated Jefferson Davis, Jacob Thompson, R. W. Roberts, and 
Stephen Adams, and in November the entire ticket of the 
party was elected. Mr. Davis had been one of the electors 
for the State at large on the Polk ticket, and had canvassed 
the State during the hotly contested presidential campaign of 
the previous summer, lie sustained in this broader field the 
reputation he had won in his previous local contest, and was at 
once recognized as a man of the highest intellectual power and 
a speaker of rare ability. His nomination for Congress was 
the result. 

In 184G Governor Brown began his second term, and in his 
message to the legislature he strongly urged the establishment 
of a complete system of public schools. He labored most 
earnestly, but failed to secure the strong, efficient system that 
he thought necessary, though something was done. On the 
4th of March a bill was passed providing for a special school 
tax, and a local board of commissioners in each county ; but 
the consent of a majority of the heads of families in each 
township was necessary before the tax could be levied, and, as 
the majority would not consent, the system failed. At the 
same session Judge Chalmers was elected to serve the remain- 
der of Senator Walkei-'s term, and Jesse Speight of Lowndes 
County to succeed John nenders(m. 

QUESTIONS. 

What of Governor IJrown ? What signalized the session of 1844 ? 
Give the history of the university. Does the State support it ? What 
of Henry Clay? Of James K. Polk? Of Robert J. Walker? Of 
Jefferson Davis? Of other nominees ? What did (Jovernor Brown urcfe? 



CHAPTER XXIX. 

ADMINISTRATION OF GOVERNOR BROWN (CONCLUDED). — 
MEXICAN WAR. — 1846 TO 1848. 

The annexation of Texas had resulted in disputes as to 
the boundary line between Mexico and the new State^ and 
General Taylor had been sent to take possession of the territory 
which the United States claimed. This resulted in an attack on 
a party of Americans, and General Taylor drove the Mexicans 
beyond the Rio Grande. The United States at once declared 
war. A call for volunteers was made by the President, and 
met an enthusiastic response in Mississippi. Only one regi- 
ment was called for, but more companies were formed than 
would have made two full regiments. Finally ten com23anies 
were accepted and ordered to Vicksburg to form a regiment. 
The command of the regiment was tendered to Jefferson Davis, 
who had just begun his first term in Congress. He promptly 
resigned his seat and accepted the command. A. K. McClnng 
was elected lieutenant-colonel, and Alexander B. Bradford 
major. 

The choice of regimental officers was admirable in every 
respect. Colonel Davis was a graduate of the Military Acad- 
emy at AVest Point, and had seen seven years of hard and 
active service on our western frontier, and was in every way 
fully equipped for command ; Lieutenant-Colonel McClung 
was a man of superb ability and unquestioned courage, and 
had served several 3^ears as a midshipman in the navy of the 
United States ; and Major Bradford had had large experience 
in the Indian war in Florida. 

Orders were soon issued to the regiment to proceed to New 



150 HISTORY OF MISSISSIPPI. 

Orlwiiis, Jiiul there to embark for Point lsiil)el, at tlie mouth 
of the liio Grande River. Colonel Davis immediately pro- 
cured from the War Department an order to have his regi- 
ment armed with rifles, and sailed from New York for the seat 
of war. The same vessel which bore Colonel Davis carried 
also the rifles with which to arm his gallant band of soldiers. 
Colonel Davis reached his destination, the new arms were dis- 
tributed to the command, and, after several months of drill on 
the banks of the Rio Grande, the regiment was ordered to 
join General Taylor's advance on Monterey. During that long 
and desperate fight the soldier boys of Mississippi! charged 
through fire, smoke, and slaughter in the streets of Monterey. 
Lieutenant-Colonel McClung was desperately wounded while 
leading an assault on the Black Fort. The soldiers suffered 
severely from the fire of the enemy, who were posted on the 
tops of the houses on either side of the streets ; but the stern 
valor of the men prevailed against superior numbers behind 
strong fortifications. 

After three days of carnage, a white flag was displayed from 
the Mexican stronghold, indicating a desire for a truce and 
a parley. The parley was granted. Colonel Davis was ap- 
pointed by General Taylor one of the commissioners to arrange 
the stipulations for a surrender. The strongly fortified city 
of Monterey, held by a force greatly outnumbering that of 
the assaulting party, was surrendered to the American army, 
and continued to be held by the successful forces as a depot of 
supplies until the close of the war. 

But new honors and fresh laurels awaited the First Missis- 
sippi Regiment in its career of glory. General Taylor had 
determined to penetrate into the interior of Mexico and offer 
battle to General Santa Anna, who was busily engaged in rais- 
ing an army of many thousands, of all arms, to crush the small 
force under General Taylor. The opposing forces met on the 
field of Buena Vista on the twenty-first day of February, 1847. 
After vigorous and fierce fighting for three days, General 



Mexican War. 



151 



Santa Anna and his army of twenty tlionsand vsoldiers were 
driven from the field in disgracefnl flight. During the stub- 
born conflict of those three memorable days, the First Missis- 
sippi Regiment bore a most conspicuous part. They not only 
fought under the immediate direction of tlieir gallant com- 
numder Colonel Jefferson Davis, but their action fell under 
the observatioii of their heroic old general. By his celebrated 
'' V-formation/' in a narrow pass-way, with a mountain on 




REPELLING THE LANCERS. 



one side and a deep gorge on the other, Colonel Davis was 
enabled to repel the advance of the lancers of the Mexican 
army, commanded by General Mignon, and thus was able to 
snatch victory from the very jaws of defeat. By this masterly 
movement. Colonel Davis drove General Mignon and his lancers 
flying from the field until the victory was complete, and the 
Mexican hosts commanded by General Santa Anna were driven 
ingloriously from the theatre of their disaster. A few years 
after the close of hostilities in Mexico, (-olonel Davis had the 



152 HISTORY OF MISSISSIPPI. 

gratification of seeing his " V-movement " successfully re- 
peated by General S. Colin Campbell^ the distinguished Eng- 
lish commander in India. 

After the battle of Buena Vista, General Winfield Scott, 
coming by sea to Vera Cruz, captured that city, and after the 
splendid victories of Cerro Gordo, Contreras, Cherubusco, and 
Chapultepec, in rapid and brilliant succession, had come within 
plain view of the ancient capital of Montezuma. Instant 
preparations were made to attack and capture the city. With 
impetuous valor the American soldiers assaulted and carried 
the Garita Belen (the Belen Gate) ; and it was a Mississippi 
major-general, John A. Quitman, who gave the order to fling 
to the breeze the first American flag that ever floated above the 
ramparts of the captured cajntal. He was also the first Amer- 
ican governor that held sway in that city. 

The officers and privates of the First Regiment of Mississippi 
Volunteers were, for the most part, young and beardless fel- 
lows, representing the best families in the State — fresh from 
the counting-rooms in the various towns in the State, fresh 
from the workshops of industrious and intelligent mechanics, 
and fresh from their studies in the offices of learned lawyers 
and eminent physicians ; but they were soldiers, oblivious to 
danger and ready for the strife. 

Another regiment of Mississipi^i volunteers was called for 
in the autumn of 1846, and Avas promptly furnished. This 
regiment sailed for Mexico with the following field and staff : 
Reuben Davis, colonel ; J. H. Kilpatrick, lieutenant-colonel ; 
Ezra R. Price, major ; Beverley Mathews, adjutant ; William 
Barksdale, acting commissary sergeant ; Charles M. Price, 
acting quartermaster ; Thomas N. Love, surgeon ; D. A. 
Kinchloe, assistant surgeon. 

After some seven months of monotonous inactivity. Colonel 
Reuben Davis and Lieutenant-Colonel Kilpatrick resigned 
and returned to their homes. The regiment was reorganized 
by the election of Captain Charles Clark of Company G as 



Mexican war. 153 

colonel, and Lieutenant John A. Wilcox of Company A as lien- 
tenant-colonel. This second regiment of Mississippi soldiers 
was composed of splendid material ; but they did not, during 
their entire service in Mexico, have the pleasure of participat- 
ing even in an insignificant skirmish. - If the opportunity had 
been afforded them, there can be no question that they would 
have shed additional lustre upon the American arms, and 
added new glory to the escutcheon of Mississippi. To show 
the soldierly material of the second regiment, it may be stated 
that the roster furnished two brigadier-generals and one 
major-general to the army of the Confederate States. 

Peace was not finally declared until February 2, 1848, but 
most of the volunteers had returned home before that time. 

Meanwhile, Senator Joseph AV. Chalmers's term in the 
United States Senate had expired, and Henry S. Foote had 
been elected United States senator from Mississippi in his 
stead. During the summer of 1847 the Democrats nomi- 
nated Joseph G. Matthews of Marshall County for governor, 
and the Whigs nominated Major A. B. Bradford as his com- 
l)etitor. Mr. Matthews was elected, and Governor Brown, 
who had filled the executive office so ably for fonr years, was 
elected a member of the lower house of Congress. The other 
members elected were Jacob Thompson, W. S. Featherston, 
and P. W. Tompkins. 

QUESTIONS. 

What caused the Mexican war ? What was Mississippi's response ? 
What regiment was formed ? Who were its officers ? Where was it 
sent ? How armed ? Describe Monterey. Buena Vista. What part 
did Colonel Davis bear ? What of General Scott ? What Mississippi 
major-general captured Belen Gate ? What of the Second Mississippi 
Regiment ? What election liad occurred ? What of the fall elections ? 



CHAPTER XXX. 

ADMimSTRATIOK OF GOVERNOR MATTHEWS. — COLONEL DAVIS 
ELECTED SENATOR. — CHICKASAW SCHOOL FUND. — 18i8 TO 
1850. 




JOSEPH W. MATTHEWS. 



Joseph W. Matthews was inaugurated 
governor in January, 1848. He Avas a 
man of very limited education, and in 
early manhood lie had been a well-digger. 
When he entered public life he was popu- 
larly known as the '^MYell-digger ;" but, 
with a vigorous mind and great natural 
ability, he developed into a forcible speaker 
to whom the people always listened. He 
was honest and patriotic, and served the 
peo^^le with zeal and fidelity, to the satis- 
faction of both political parties. 
When the legislature met, a vacancy in the United States 
Senate, caused by the death of Hon. Jesse Speight, was to be 
filled, and Colonel Jefferson Davis was unanimously elected. 
He was at the time serving temporarily, having been appointed 
by Governor Brown after the death of Senator Speight in 
1847, and had taken his seat in the Senate for the first time 
in December. 

A new code had long been needed, and the legislature at 
this session adopted "Hutchinson's Mississippi Code, "" which 
followed Poindexter's, but contained all the statutes up to date. 
The most important act of the session provided for the sale, 
or rather leasing for ninety-nine years, of the '' Cliickasaw 
School Lands," and the history of the lands will be of interest. 



(WYERNOR MATTHEWS' S AmiTNISTRATTON. 155 

It has tilretidy boon luontionod that Coiigross luui donatod to 
Mississippi the sixteenth section in every township of public 
hind within the limits of the State, and that most of these 
sections, in all of the State except the Chickasaw country, had 
been leased for ninety-nine years, and practically lost, in 183G. 
But the treaty with the Ohickasaws had required the Govern- 
ment to sell all the lands which they had occupied, for the 
benefit of the tribe, and so the sixteenth sections in that im- 
mense tract could not be reserved. But, as Congress had once 
given them to the State of Mississippi, they could not be 
taken back, and so the State had a valid claim against the 
Government for the section numbered sixteen in every town- 
ship of the whole Chickasaw country. 

Mr. Prentiss, while a member of the legislature in 1835, 
submitted a very strong report on the subject. The State 
insisted on her right to the lands. The matter was compro- 
mised in 1836 by Congress giving the State exactly the same 
number of sections, to be selected from the unsold lands 
remaining, instead of the particular sections to which the 
State was entitled. These sections, called the Chickasaw 
School Lands, amounted in the aggregate to 174,550 acres, or 
one-thirty-sixth of the whole Chickasaw cession, and were not 
given to the State outright, but only to hold in trust for the 
exclusive benefit of the schools of the Chickasaw counties. 
By the sale which the legislature now authorized, and which 
Congress subsequently approved, the sum of |5816,615 came 
to the State to hold in trust for the Chickasaw counties, and 
constitutes the Chickasaw School Fund. The State borrowed 
the money and used it, but pays the interest on it semi-an- 
nually, and the money derived from this source goes to the 
schools of the Chickasaw counties only. These counties now 
are Alcorn, Benton, Calhoun, Chickasaw, Clay, DeSoto, Ita- 
wamba, Lee, Marshall, Monroe, Panola, Pontotoc, Tate, Tip- 
pah, Tishomingo, Union, Tallahatchie, AVebster, and Yalo- 
busha. The three last named are Choctaw counties, but 



150 History of .Ifrs.^rssTPPL 

ChickjiSciw townships were iidded to them as has been stated ; 
and these townships, although in the Choctaw counties, are 
still entitled to their share of the Chickasaw school fund. 

An '• Institution for the Blind ^' was established in 1848 at 
Jackson, and furnishes education to these unfortunates who 
have lost their sight. Trained instructors were placed in 
charge, and every convenience provided, not only for teaching 
the pupils to read, but to do certain kinds of work by which 
they could support themselves for life. 

In 1848 the regular presidential election occurred. The 
Democrats nominated Lewis Cass, and the Whigs selected as 
their candidate General Zachary Taylor, who had won the 
people by his j^rompt action at the beginning of the trouble 
with Mexico, and who lived in the State of Louisiana. Mis- 
sissippi gave her electoral vote for Lewis Cass, but the Whig 
party won a great victory and elected General Taylor Presi- 
dent. 

In the summer of 1849 the two great parties in the State 
made their nominations. The Democrats selected as their 
candidate for governor General John A. Quitman, who had 
been elected for the State at large on the Democratic ticket 
the year before, and was strong with the people. The Whigs 
nominated Luke Lea of Hinds County, but General Quitman 
carried the State by a large majority. 

The congressmen elected were Governor A. G. Brown, 
Jacob Thompson, William McA¥illie, and W. S. Featherston. 

QUESTIONS. 

Who was the next governor ? What of liim ? Who was elected 
United States senator ? What code was adopted ? What was the most 
important act of the session ? Give the history of the Chickasaw School 
Fund. What counties now receive it ? What three Choctaw counties ? 
What institute was estabUshed ? What of the Presidential election ? 
Who were the nominees for State offices ? Who were elected ? 



CHAPTER XXXI. 

ADMIXISTRATIOX OF GOVERNOR QUITMAN. — RESISTANCE TO 
COxMPROMISE. — CONVENTION. — 1850 TO 1852. 




Ma.jor-General John A. Quit- 
man was inaugurated governor in 
January, 1850. He was born in X^ew 
York and had lived in Ohio, but came 
to Adams County in 1821, where he 
engaged in the practice of law and 
amassed a fortune. He had been pres- 
ident of the State senate and chan- 
cellor of the State. He was brave and 
chivalrous, and had taken a j^rominent 

^^:i^C^^i'^xy*^ P'^^*^ ^^^ ^^^® ^'''^^' ^^^^^^ Mexico, where 
he rose to the rank of major-general. 

At the time of his inauguration the Southern States were 
seriously considering the necessity of withdrawing from the 
Union, and during the entire term for which he was elected 
the State was disturbed over political issues. The cliief cause 
of troul)le was the proposition to prohibit slavery in California, 
which had been acquired from Mexico just before, and Avas 
rapidly filling up with people attracted by the discovery of 
gold there in 1848. Another cause of trouble was the demand 
on the part of Southern members of Congress for the passage 
of a strong fugitive slave law, as a protection guaranteed them 
under the Constitution. 

About the time of Grovernor Quitman's inauguration, the 
senators and members of Congress from the twelve Southern 
States addressed a joint communication t(^ their constituents, 



158 HISTORY OF MISSISSIPPI. 

notifying them that encroachments were being made upon the 
Constitution ; and, in addition to this, the delegation from Mis- 
sissippi, through the governor, asked of the people an expres- 
sion of opinion on the subject. Very few people cared to 
carry their slave property to California, but they were aroused 
to the most intense excitement by the denial of what they con- 
sidered their right under the Constitution. 

Governor Quitman, though a Northern man by birth, was 
an intense State's rights man, and in full sympathy with the 
2)eople of his State. He strongly urged "resistance,''' and 
took a prominent part in calling a convention of Southern 
delegates which met at Nashville that year (1850) to consider 
the situation. Judge Sharkey was elected president of this 
convention, and strong resolutions were passed. 

The situation had become serious, when Mr. Clay proposed 
his celebrated compromise measures of 1850, that admitted 
California with slavery prohibited and enacted a strong fugi- 
tive slave law. Daniel AYebster joined Mr. Clay, and the great 
senator from Massachusetts voted for a fugitive slave law. 
The comjiromise measures, called the " Omnibus Bill " because 
they included in one bill several contested propositions, Avere 
passed in September, 1850, though Senator Davis and other 
leading Southern Democrats opposed them with all their 
influence. The Whigs generally supported the compromise 
measures, because they seemed the only means of saving the 
Union, and certain Democrats joined them, thus forming a 
new party called the Union party. The Democrats who allied 
themselves with this party were called Union Democrats. 
The Democrats who favored resistance to the compromise 
measures, as violating constitutional rights, called themselves 
State's Rights Democrats. Thus for a time the old party lines 
in Mississippi Avere broken. 

In February, 1851, Governor Quitman was indicted by the 
grand jury of the Federal court for the district of Louisiana, 
on the charge of having aided Tjopez in liis expedition against 



Governor quitman's adiiinistration. 159 

Cuba, and this filled the people with indignation. Governor 
Quitman, with that delicate sense of honor and propriety 
which characterized his Avhole life, felt that it was not con- 
sistent with the dignity of a sovereign State that her chief 
magistrate, whose duty is to enforce obedience to law, should 
be brought before the bar as a violator of. law. He there- 
fore resigned his position as governor and appeared before the 
United States court as a private citizen of Mississi^ipi to 
answer the charges against him. He was tried, and of course 
acquitted, as he was entirely innocent of the charge, though 
he had strongly sympathized with Lopez and the Cubans who 
were struggling for independence. 

At his resignation, John I. Guion, senator from Hinds 
County and president of the senate, assumed the duties of 
governor under the constitution, and served until the expira- 
tion of his term as senator, in November. James Whitfield 
of Lowndes County, who had been elected president of the 
senate, succeeded John L Guion and discharged the duties 
of governor until a governor was elected and inaugurated, in 
January. Between the expiration of Judge Guion's term and 
the succession of James Whitfield was a period of about three 
weeks, during which there was no one qualified to act as 
governor. Thus it happened that in 1851 three men dis- 
charged the duties of governor ; and, as the new governor was 
inaugurated eleven months after Governor Quitman resigned, 
there were four who filled the position within one year. 

Meantime, while John I. Guion was serving. General Quit- 
man had been again nominated for governor by the Demo- 
crats, or State's Rights Democrats ; and the Whigs and LTnion 
Democrats, combined under the name of the Union party, had 
nominated Henry S. Foote. He was the colleague of Mr. 
Davis in the United States Senate, but supported the compro- 
mise measures as strongly as Mr. Davis opposed them. The 
canvass was exciting, and so intensely bitter that Quitman 
and Foote had a pei'sonal altercati(jn. 



160 HISTORY OF MISSISSIPPI. 

The legislature had taken strong grounds in favor of resist- 
ance, and had called a State convention of delegates to be 
elected by the people to meet in September to adopt measures 
for the ^^ redress of grievances. '^ The election for delegates to 
this convention was held in August. Both parties nominated 
candidates for delegates to the convention, and the whole 
State was fought over. At this August election the Union 
party swept the State by seven thousand majority, and, with 
this forcible expression from the people against his views. 
General Quitman believed it was useless to continue his race 
for governor. He therefore withdrew from the contest. The 
State's Rights Democrats, or " Kesisters '' as they Avere called, 
thus left without a leader, turned to Senator Davis in the 
hope that he might, in the field of ^lolitics, stem the tide o£ 
opposition and turn defeat into victory, as he had done on the 
field of battle at Buena Vista. He was reluctant to accept, 
but his sense of duty would not permit him to decline. He 
resigned his seat in Congress and became the candidate of his 
party for governor of the State. He was defeated, but he 
reduced the Union majority from nearly seven thousand in 
August to nine hundred and ninety- 
nine for Henry S. Foote, at the regu- 
lar November election. 

On the resignation of Senator Davis, 
Acting Governor Guion ajDpointed 
John J. McEae to fill the vacancy 
in the United States Senate until the 
next meeting of the legislature. 

In 1851 Judge Sharkey, who had 

just been elected for the fourth time^ 

resigned the position of chief justice 

coTESNvoHTH piNfKNEY SMITH, iu ordcr to dcvotc himsclf to his 

private practice. Judge Cotesworth 

Pinckney Smith, who had been an associate justice in the first 

High Court of Errors and Appeals, became chief justice. 




State Convention of isoi. loi 

Judge Smith was an able man and a profound lawyer, and 
during liis term as chief justice the court maintained its high 
standing as an authority. 

In September the State convention, elected in August, 
assembled and chose Mr. Carmack of Tishomingo president. 
Eesolutions were adopted declaring unalterable fealty to the 
Union, and the body adjourned after a session of only a few 
days. 

The members of Congress elected in November of this year 
were B. D. Nabors, John K. Wilcox, John D. Freeman, and 
ex-Governor A. G. Brown. 

QUESTIONS. 

Wliat of Governor Quitman ? What troubles existed ? What did the 
Southern members of Congress do ? What was Governor Quitman's 
position ? What happened to him ? Who acted as governor ? What 
parties contested the summer election ? Who were the candidates for 
governor ? What other election was held ? Wliy did Quitman retire ? 
Who took his place ? Who was elected ? Who succeeded Judge Sharkey ? 
What did the convention do ? 
11 




CHAPTER XXXII. 

ADMINISTRATION OF GOVERNOR FOOTE. — JEFFEKSON DAVIS 
SECRETARY OF WAR. — LUNATIC ASYLUM. — 1852 TO 1854. 

Henry Stuart Foote was in- 
augurated governor in January, 
1852. He was a native of Fau- 
quier County, Ya., and had be- 
come a citizen of Mississippi about 
1830. He was a fine classical 
scholar, and daring his long and 
somewhat stormy life was always a 
close student, eagerly reading every- 
thing that came within his reach. 
He was a fine lawyer, a fluent 
speaker, and able in debate. In 
the exciting field of politics he was 
in his natural element, and always enjoyed the fierce political 
contests which characterized this period of Mississippi's his- 
tory. Governor Foote had played a prominent part in the 
political affairs of the State twenty years prior to his election, 
and he was one of a number of distinguished men of his day 
who left their impress on the history of the country. Foote 
and Prentiss were frequent opponents in the court-room, on 
the hustings, and twice on the field of honor, in one of which 
engagements Governor Foote was seriously wounded. 

Governor Footers election was the triumph of the Whigs 
and the Union Democrats, and when the legislature assembled 
in January the allies had a majority on a joint ballot. It will 
be remembered that Senator Davis had resigned in order to 



UENRT 8. FOOTE. 



GOVERNOR FOOTERS ADMINISTRATION. 1()3 

become the candidate of the State's Rights Democrats for 
governor, and the victorious majority in the legislature now 
elected Judge Stephen Adams of Aberdeen to succeed him. 
Senator Footers election as governor had left his seat vacant in 
the Senate, and Walter Brooke of Lexington was elected to 
succeed him. 

At the same session the legislature organized the county of 
Calhoun, and named it in honor of the great statesman from 
South Carolina. The court-house was located at Pittsboro. 

A railroad was incorporated, called the Mississippi and Ten- 
nessee, to run from Memphis to Grenada, passing through one 
of the richest sections of the State. It became a prominent 
factor in the material development of the counties which it 
crosses. 

During the summer of 1852 the presidential campaign 
occurred, and in no State did it excite greater interest than 
in Mississippi. The Whigs, remembering the glorious victory 
they had won four years before under the leadershij) of Gen- 
eral Taylor, named as their standard-bearer General Winfield 
Scott, who had divided with him the glory of the victories in 
Mexico. The Democrats had named Franklin Pierce, and the 
party leaders in Mississippi made a splendid fight which gave 
him the electoral vote of the State. Pierce was elected Presi- 
dent, and early in the following year he invited Colonel 
Davis to become a member of his cabinet. The position was 
accepted, and in March, 1853, Colonel Davis became Secre- 
tary of War for the United States. Governor A. G. Brown, 
who had been serving as a member of the lower House since 
the expiration of his term as governor, was elected to succeed 
AYalter Brooke in the United States Senate, and he took his 
seat in that body on the 4th of March following. 

An event during the session of the legislature was the 
address delivered, at its invitation, before that body by Colonel 
Alexander Keith McClung, upon the life, character, and public 
services of Henry Clay, the great commoner of Kentucky, who 



1G4 



HISTORY OF MlSSISSIPn. 



had died some months previous. It will be remembered that 
Colonel McOlung had served with distinction as second officer 
of the Mississippi riflemen in the Mexican war. Colonel 
McClung was a man of scholarly attainments, and his eulogy 
upon the great dead deservedly ranks as a gem of rare English. 
During the year 1852, Louis Kossuth, the great Hungarian 
jiatriot, visited the capital of Mississippi, and was entertained 
by Governor Foote at the executive mansion. 

For some time past attention had been called to the fact 
that the State made no provision for her insane, and the ques- 
tion had been frequently discussed, but no action taken. In 
1853 a beautiful location was selected two miles north of the 
capitol, and the State Lunatic Asylum was estixblished there 
under the control of a board of trustees appointed by the 
governor. An accomplished physician was 2)laced in charge, 
with such assistants as he needed, and the insane can be 
brought here from any part of the State and receive special 
treatment. Under the skilled physicians in charge, many 
patients are entirely cured and return to their homes, while 
others, classed as incurables, find here an asylum for life. 

During the year 1853 the High 
Court of Errors and Appeals ren- 
dered a decision with reference to 
the validity of the issue and sale of 
the bonds of the State which had 
been sold to pay for the stock held by 
the State in the Union Bank. Any 
student who is interested in the case 
can find all the arguments on both 
sides, with the decision of the Court, 
in the reports for that year, indexed 
under the ''State of Mississippi versus 
Hezron A. Johnson.^' 

A name which will be ever asso- 
ciated with this case is that of William Yerger, one of the 




WILLIAM rERGEK. 



Governor Footers Administration. 105 

judges of the High Court of Errors and Appeals at that time, 
lie was one of Mississippi's ablest men, a great lawyer, and a 
profound thinker. Although a Whig in politics, he had been 
elected in a Democratic district — the highest tribute to his 
ability as a lawyer. 

In the summer of 1853 the Whigs nominated Charles Fon- 
taine of Pontotoc as their candidate for governor, and the 
Democrats named Hon. John J. McKae to oppose him. 
McRae was elected. 

By the census of 1850, the population of the State w^as 
GOG, 526, and under the new congressional apportionment 
which had been made, she became entitled to five representa- 
tives in the lower House of Congress. William Barksdale, 
William S. Barry, Otho R. Singleton, Wiley P. Harris, and 
David B. Wright were elected. 

QUESTIONS. 

What of Governor Foote ? Who were elected United States senators ? 
What campaign occurred in 1852 ? What position was tendered Colonel 
Davis ? What event occurred during the session of the legislature ? 
What asylum was established ? What decision was made by the high 
court ? Who were the candidates for governor in 1853 ? What was the 
population of the State in 1850 ? What gain was made ? 



CHAPTER XXXIII. 

ADMINISTRATI0:N^ of* governor McRAE. — RAILROADS." 
POLITICAL PARTIES. — 1854 TO 1858. 




JOHN J. M'RAE. 



JoHN^ J. McRae was inaugurated 
governor in January, 1854. He was 
a native of Wayne County, Mississippi, 
and in liis early life founded the East- 
ern Clarion, published at Paulding, 
in Jasper County. AVith an active 
mind and untiring energy, he had 
been prominent in all matters con- 
cerning the welfare of the State, and 
his pleasant address and genial nature 
had made him justly popular with the 
people. He had represented his county in the legislature, and 
had occupied a seat in the United States Senate for two 
months by appointment to fill the vacancy occasioned by the 
resignation of Jefferson Davis. 

The legislature was in session in January, 1854, and 
Governor McRae, in his inaugural address before that body, 
urged strongly the necessity of education. He declared that 
there were but two great ideas worthy of life — God and 
liberty ; that they are all that is of value here, all that is 
important hereafter. But, to appreciate these, man must be 
intelligent ; to be intelligent, he must be educated ; to be edu- 
cated, the means must be provided, and this is the duty of the 
State. 

In 1854 an institute for the deaf and dumb was established 
at Jackson to educate the deaf-mutes of the State. Those 



Governor McRae's Administration. 167 

who are able to do so are required to pay a reasonable charge 
for tuition^ but those who cannot are taught at the expense of 
the State. 

The legislature during the same year, by special act, made 
it the duty of the judges of the High Court of Errors and 
Appeals to appoint three commissioners to revise, digest, and 
codify the laws of the State. The judges selected Judge 
W. L. Sharkey, Judge Henry T. Ellett, and Samuel S. Boyd. 
Mr. Boyd resigned, and Judge William L. Harris was appointed 
in his place. In the hands of such competent men, the work 
was admirably done. When completed, it was adopted by the 
legislature, and was called the Code of 1857. 

In 1855 the Democrats again placed Governor McRae at 
the head of their ticket, and the Whigs nominated C. D. 
Fontaine of Pontotoc. McRae was reelected ; and the mem- 
bers of Congress were William Barksdale, D. B. Wright, W. A. 
Lake, II. S. Bennett, and General John A. Quitman. 

Governor McRae began his second term in January, 185G, 
and again urged the importance of legislative action on the 
question of public schools. He suggested the appointment of 
a State superintendent of public instruction, to travel over the 
State and gather up information, which he should submit to 
the next legislature, with some well-considered plan for estab- 
lishing a successful system. He also impressed upon the legis- 
lature the importance of internal improvements, and dwelt at 
length upon the railroads then being constructed in the State. 

The New Orleans, Jackson, and Great Northern Railroad, 
now a part of the Illinois Central, w^as then completed from 
New Orleans to Osyka, just within the Mississippi line, and 
fifteen miles of the road from Jackson toward Canton, besides 
other portions of the line, were built. This road was origi- 
nally chartered to extend northeast beyond Canton, through 
Kosciusko, to the enterprising city of Aberdeen, whose citizens 
had been active in promoting the building of the road. Sub- 
sequent events stopped the work at Canton, and it is only 



168. HISTORY OF MIS^SSIPPI. 

within the past few years that the road, under a different 
name and by a different route, reached Aberdeen.' 

Trains were running on the Mobile and Ohio Raih-oad from 
Mobile to Lauderdale Springs, and the city of Meridian had 
sprung into life with every prospect of becoming a great rail- 
road centre. 

When the presidential election came on in 185G, striking 
changes had taken j^lace in the national political parties, and 
the effect of these changes was felt upon local political parties 
in Mississippi. In order to fully understand the political situ- 
ation in Mississippi at that time, we must go back and trace 
the history of a movement which had begun in 1831, but wdiich 
had not yet been noticed because it had in no way materially 
affected local State politics. A small faction in the North, 
who called themselves the ^* Liberty ^' party, had at an early 
day advocated the abolition of slavery in the South, and in 
1840 had nominated a candidate for President, who received 
only seven thousand votes. Four years after the same candi- 
date was renominated and his vote was sixty-two thousand, 
which shows two things — the growth of the sentiment in favor 
of abolition, and the small minority in the North wdiich even 
then favored it. In 1818 they took the name of the '^ Free 
Soil " party, and made ex-President A"an Buren their candi- 
date ; but their platform abandoned the idea of the abolition 
of slavery and only opposed its extension. They now gained 
as recruits many Northern Whigs and Democrats who were 
opposed to the extension of slavery in the Territories. The 
vote that year was three hundred thousand. The compromise 
measures of 1850, however, reassured the seceding Whigs and 
Democrats, so that in the election of 1852 the ^^ Free Soil "" 
party lost ground. 

It shortly became apparent to every one that the compro- 
mise measures of 1850, instead of settling the old controversies, 
had furnished new grounds of difference, and new issues had 
spruug up which threatened to divide the two sections more 



Political Parties, 169 

completely than ever. The vital question at once became the 
extension of slavery in the Territories. The Democrats claimed 
that the compromise measures of 1850^ which excluded slavery 
from California, had broken the Missouri Compromise of 1820, 
and that the question as to whether slavery should be prohib- 
ited in a new Territory was again an open one. Stephen A. 
Douglas of Illinois, a Democrat and a strong champion of 
State sovereignty, insisted that, the people in the Territory 
alone had the right to decide whether or not slavery sliould be 
prohibited there. He embodied this principle, called '^ Squat- 
ter Sovereignty,^'' in his famous Kansas-Nebraska Bill, which 
passed Congress in 1854, and gave to the people of those 
Territories the right to decide the slavery question for them- 
selves. Each party now tried to colonize Kansas Territory 
with settlers of its own particular faith. 

Out of these struggles had grown intense excitement, and in 
1856 it rose to fever heat. The Free Soil party now received 
many accessions from the two old parties of the North, and 
nominated General John 0. Fremont as its candidate for Pres- 
ident. The large accessions made it practically a new party, 
and it now took the name of the Kepublican party. The rem- 
nant of the old AVhig party formed an alliance with a new 
organization called the ' ' Know-Nothing " party, a secret or- 
ganization whose leading principle was opposition to foreigners, 
and nominated ex-President Fillmore as their candidate. 

The organization and platform of the Pepublican party 
tended to unite the people of Mississippi, and to wij^e out old 
party lines in the State. The candidate and the platform of 
the "Know-Nothing"' party did not appeal to the peoj^le of 
Mississippi at this time. As a consequence, James Buchanan 
the Democratic candidate, carried the State by an increased 
majority, and many old Whigs cast their first Democratic vote 
for him. 

Mr. Buchanan was elected, and again Mississippi had the 
honor of furnishing a member of the cabinet. In March, 



170 



HISTORY OF MISSISSIPPI. 



1857, Hon. Jacob Thompson, who had served with distinction 
in the lower House of Congress for twelve years, was appointed 

Secretary of the Interior. When we 
remember that only seven cabinet 
positions were to be filled from the 
party leaders in thirty-one States, 
the fact that four of the last five 
Presidents had invited a Mississip- 
pian to accept one of these j^ositions 
shows the high rank Mississippi and 
her leaders had in the national coun- 
cils. Three of these positions had 
been accepted, but Judge Sharkey 
had declined the position of Secre- 
tary of War tendered him by Presi- 
dent Fillmore. 

In January of 1857 Mr. Davis had been elected again to a 
seat in the United States Senate, to succeed Senator Adams. 

All through the year the political strife continued, and 
when the State elections came on in Mississi^ipi, in 1857, the 
AVhigs had lost much of their strength. They, however, nom- 
inated Edward M. Yerger as their candidate for governor, 
and the Democrats nominated William Mc Willie of Madison 
County. Mr. McAVillie was elected by a large majority. 

The delegation elected to Congress consisted of William 
Barksdale, Reuben Davis, L. Q. C. Lamar, Otho R. Single- 
ton, and General John A. Quitman. 




JACOB THOMPSON. 



QUESTIONS. 

What of Governor McRae ? What of his inaugural address ? What 
was estabhshed at Jackson in 1854 ? What was the Code of 1857 ? 
Result of the State elections in 1855 ? What of Gov^ernor McRae's 
second inaugural ? What of the railroads of the State ? Name the 
different national political parties. What question agitated the people ? 
What nominations were made ? The result of the presidential election ? 
What honor came to Mississippi ? The result of the State elections ? 



CHAPTER XXXIV. 

ADMIN^ISTRATION" OF GOVERNOR McWILLIE. — CONDITION OF 
THE STATE. — EDUCATIONAL PROGRESS. — 1858 TO 1800. 




WILLIAM M WILLIE. 



William McAVillie was inaugu- 
rated governor in January, 1858. He 
was a native of South Carolina, and 
had moved to Madison County, Mis- 
sissippi, in 1845. He was universally 
esteemed for his manly qualities, his 
lofty bearing, and the purity of his 
life. He was a planter of wealth and 
culture, and an ardent defender of 
Southern rights. Four years after 
he became a citizen of the State, he 
was elected to Congress as a Demo- 
crat and served one term. In 1851 
he was again nominated by the State's Rights wing of his 
party, pledged to resistance to the compromise measures, and 
was defeated by the strong Union sentiment which swept the 
State that year. 

In his inaugural address to the legislature he dwelt on the 
importance of develoj^ing the material resources of the State. 
He emphasized the necessity of levees to protect the rich river 
section from overflow, and of railroads to furnish cheap and 
rapid transportation for the products of the State. 

In March, after his inauguration, the New Orleans, Jackson, 
and Great Northern Railroad was completed to Jackson, and 
the arrival of the first train was the occasion of great public 
rejoicing. 



172 HIS WET OF MISSISSIPPI. 

Forty years liad now elapsed since Mississippi had taken her 
place among the States. The people during those years had 
passed through the period of reckless sjoeculation that charac- 
terized the early life of every State, and had bravely faced the 
era of contraction and disaster that always follows. By energy, 
industry, and economy, they had repaired the losses of the 
earlier years and had placed the State on the broad road of 
prosperity. Ca^ntal for the development of her resources 
had accumulated year by year in the hands of her own citizens 
as the reward of industry and good management, and was 
being now invested in establishing solid banks, in improving 
plantations, in building railroads, and in building factories. 

In the city of New Orleans, on Camp Street, facing the old 
La Fayette Square, is a tall cast-iron structure, called the 
Moresque Building, and on the base of the iron columns that 
rise to support the Moorish arches is an inscription that tells 
of the growth and prosperity of Mississippi. It states that the 
iron was cast in Holly Springs, Miss., and shows that during 
Governor McWillie's administration, Holly Springs, with her 
own capital, was a successful competitor against the founderies 
of the country. Other cities in the State had important man- 
ufacturing interests. 

AVhile the public schools of the State had not been a success, 
the larger cities had established graded schools for the free 
education of the children of their communities. The public 
school at Columbus, Franklin Academy, has already been 
mentioned. Natchez had established a most efficient system 
of graded schools in 1845. Vicksburg had followed suit, and 
in Jackson the city had erected two substantial brick buildings, 
one for boys and one for girls, and had established free schools 
in them under excellent teachers. It will thus be seen that 
with the growth in their material prosperity, the communities 
of Mississippi had established free schools and had shown their 
appreciation of them. 

In the colleges of the State at this time tuition was charged, 



174 HISTORY OF MlSSfSSIPPI. 

but all of these institutions furnished free education to any 
worthy young man who was unable to pay. These colleges 
were all crowded with students. Mississippi College, at Clin- 
ton, under the management of the Baptists of the State, had 
achieved a great success and was thronged with students. 
Oakland College, located as it was in a rich and cultured 
section of the State, was sustaining the reputation it had won 
in earlier days; while the State University, which had opened 
its doors to students in 1848, had taken front rank among the 
educational institutions in the country. 

An event in the State, during Governor McWillie's adminis- 
tration, was the establishment of Whitworth College for girls, 
at Brookhaven, Miss. It was named for its founder. Rev. S. 
n. Whitworth, a Methodist minister, and is under the foster- 
ing care of the conference of that Church. AVhile this is not a 
State institution, it has exerted a great influence in Mississippi, 
and in almost every county graduates of this institution may 
be found. 

The State was thrown into mourning this year by the death 
of General John A. Quitman, the superb soldier and earnest 
statesman. He was at the time a member of Congress from 
the State, and all over the Union meetings were held and 
resolutions passed in honor of the Mississippi soldier who had 
planted the nation's colors over the Belen Gate. 

Two national events during Governor McWillie's term 
touched Mississippi. The struggle in Kansas between the two 
factions for supremacy had grown to the proportions of civil 
war, and each section felt an intense sympathy for its repre- 
sentatives in the struggle. President Buchanan, forced to act, 
appointed Eobert J. Walker of Natchez governor of the 
Territory. Much was expected of him, but his course was a 
bitter disappointment to his old political allies, and he never 
returned to Mississippi. He remained North during the war, 
and in 1863 accepted appointment under the Federal Govern- 
ment. 



Governor McWillie\s Administration. 175 

The other event was the attempt of John Brown, with a 
handful of followers, to free the slaves in Virginia. The 
whole story is fully told in the histories of the United States, 
and its only effect in Mississippi was to increase the apprehen- 
sion felt by the people concerning that protection which the 
Constitution of the United States had guaranteed. 

Prior to the assembling of the legislature, the governor 
received legislative resolutions from the States of Massa- 
chusetts, Maine, and New Hampshire, touching slavery, but 
he declined to make any response. The excitement between 
the sections continued to increase, and it was confidently pre- 
dicted that it would culminate in a disruption of the Union. 

When the State election came on in the fall of 1859, John 
J. Pettus of Kemper County was nominated by the Demo- 
crats for governor. He was elected, and the members of Con- 
gress serving at that time were all renominated and reelected 
with practically no opposition. 

QUESTIONS. 

Who was inaugurated governor in 1858 ? What of him ? What did 
he speak of in his inauo^ural address ? What of the prosperity of the 
State at this time ? What of the free schools and colleges ? What noted 
Mississippian died at this time ? What two important national events 
occurred during Governor Mc Willie's term ? What was the result of the 
State election in 1859 ? 




CHAPTER XXXY. 

ADMIls'ISTRATION OF GOVERNOR PETTUS. — NATIONAL ELECTION 
OF 1860. — CONVENTION. — MISSISSIPPI SECEDES. — 1860-1861. 

John J. Pettus was inaugurated 
governor in January, 1860. He was 
a native of Wilson County, Tennessee, 
and liad come to Kemper County, Mis- 
sissippi, when quite a young man. He 
had represented his county in both 
houses of the legishxture, and had been 
prominent as an advanced State's 
Rights Democrat. As a man he was 
earnest, honest, and patriotic. 

At the time of the inauguration of 
Governor Pettus, just following the 
invasion of Virginia by John Brown, and just preceding the 
presidential election of 1860, there was but one living issue in 
Mississippi, and but one political question that excited inter- 
est. That question was, Will it be possible for the people of 
the State to be secured in their Constitutional rights and 
remain members of the Union ? 

The whole people of Mississippi loved the Union of their 
fathers. Only nine years before, the State had voted by a 
decisive majority to stand by the Union on the basis of the 
compromise measures of 1850, even though the people believed 
they compromised their rights in doing so. The great mass 
of the people would in 1860 have welcomed any solution that 
could give them assurance of security from further trouble. 
But a large majority of the people of the State believed no 



JOHN J. PETTUS. 



Governor Fbttus\s Admtxjstratton. 177 

such miracle to be jiossible ; and ji conviction had gnidiially 
conic, that a firm stand must be made, and that any further 
concession would be fatal. A minority still \\o])qA that the 
miracle would come, and believed that in this emergency a 
peaceful solution would again be found, and the compromises 
of 1820 and 1850 be repeated in 1860. 

AVith these sentiments all eyes turned to the national con- 
ventions. When the Democratic party assembled at Charles- 
ton, in April, it was found to be divided on the vital question 
of the day, and a number of Southern Democrats withdrew 
and called a convention to meet in Kichmond in June. The 
majority, consisting principally of Northern Democrats, failed 
to make a nomination, and adjourned to meet in Baltimore in 
June. When the Baltimore convention reassembled, the dif- 
ferences had not been reconciled, and the Northern wing 
nominated Stephen A. Douglas of Illinois for President, and 
Ilerschel V. Johnson of Georgia for Vice-President. Their 
platform adopted the squatter sovereignty idea, that the 
settlers in each Territory were the proper parties under the 
Constitution to determine whether or not slavery should be 
prohibited within its limits. 

The Kichmond convention, consisting priiicipally of South- 
ern Democrats, and including the Mississippi delegates, nom- 
inated John C. Breckenridge of Kentucky for President, and 
Joseph Lane of Oregon for Vice-President. Their platform 
took the position that neither the settlers in a Territory nor 
Congress had a right under the Constitution to exclude slavery 
from the Territories that belonged equally to the people of the 
whole nation. 

The Eepublican party, that had cast about one-third of the 
entire vote in 185G, nominated Abraham Lincoln of Illinois for 
President, and Hannibal Hamlin of Maine for Vice-President. 
Their platform opposed the extension of slavery in the Terri- 
tories. It did not advocate the abolition of slavery in the States, 
and even denounced John Brown's raid as lawless and uujust. 
12 



1Y8 HISTORY OF MIS.'^SSIPPI. 

The old Whig pai'ty, deprived of Henry Clay and Daniel 
Webster by death, had frittered away its strength and lost its 
national influence in 1856 by espousing the Know-Nothing 
cause. The leading survivors tried to revive it under the 
name of the Constitutional Union party, but its power and 
organization were gone. The name implied all that Mississippi 
wanted, but its platform proposed no adequate means of secur- 
ing such a union. The real contest was between the Demo- 
crats and Republicans. 

It will be observed that the difference between the Douglas 
Democrats, the Breckinridge Democrats, and the Republicans, 
was on the question of the extension of slavery in the Terri- 
tories. No party proi^osed to abolish slavery in the States. It 
will also be oljserved that each party based its position on 
its own interpretation of the Constitution. The Constitu- 
tion is silent on the subject ; but the Supreme Court of the 
United States in 1857 had rendered the famous Dred Scott 
decision, and the constitutional position of the Breckenridge 
Democrats accorded with the interpretation of that tribunal. 

On these issues the political campaign was fought during 
the summer, but the division in the Democi-atic party made 
the election of the Republican candidates almost a certainty. 
Lincoln and Hamlin were elected, and their party had con- 
trol of Congress and the government. The votes which 
had elected them were a minority of the whole people and 
represented only a section of the Union. The Southern 
people were thoroughly aroused, and the State's Rights or 
secession Democrats advocated a sepai-ation, and insisted on 
the speediest method to reach it. 

South Carolina was the first State to sever her relations 
with the Federal Union, declaring, in the adoption of the 
secession ordinance, that encroachments had been made upon 
the rights of her people, and the Constitution violated, and that 
she had a right to withdraw from the compact and resume her 
powers as an indei)endent sovereign State. 



SECEssnoN- Convention. 179 

riovernur Pettus promptly called a special session of the 
legislature. That body met on the 2Gth of November, 18(10, 
and two days later passed an act providing for a convention ot 
the people to assemble on the 7tli of January, 1801. Delegates 
to this convention were to be elected on the 20th of Decem- 
ber. The governor was, by joint resolution of the legislature, 
charged with the duty of appointing commissioners to the 
several slave-holding States, asking their cooperation with the 
State of Mississippi in seceding from the Union and estab- 
lishing a Southern confederacy. The commissioners appointed 
were able and influential citizens, and the delicate duties 
assigned them were performed with becoming dignity and 
jiatriotism.* 

The convention met at the time designated, and elected 
William S. Barry of Lowndes County president. L. Q. C. 
Lamar offered a resolution for the appointment of a committee 
to jirepare an ordinance for the withdrawal of the State from 
the Federal L^nion, and for the establishment of a Confed- 
eracy to be composed of the seceding States. The ordinance 
was presented by Mr. Lamar, chairman of the committee, 
and adopted on the 9th of January, the vote standing eighty- 
four for and fifteen against its adoption. Every member 
attached his signature to the ordinance except Dr. J. J. 
Thornton f of Rankin County. 

The convention elected Messrs. Wiley P. Harris, Walker 
Brooke, W. S. Wilson, A. M. Clayton, AV. S. Barry, James 



* These commissioners were : to Tennessee, Thomas J. Wharton ; to 
South Carolina, Charles Edward Hooker ; to Noi-tli Carolina. Jacob 
Thompson ; to Louisiana, Wirt Adams ; to Maryland, A. H. Handy ; 
to Arkansas, George R. Fall ; to Kentucky, W. S. Featherston ; "to 
Georgia, W. L. Harris ; to Virginia, Fulton Anderson ; to Alabanni, 
Joseph W. Matthews ; to Texas, H. H. Miller ; to Missouri, Daniel 
Russell ; to Delaware, Henry Dickinson. 

f Dr. Thornton on liis return home was one of the first to volunteer, 
and was elected captain of his company. At the organizal ion of the Sixth 
Mississippi Regiment he was ek^(tted its colonel, and served until desper- 
ately wounded at Shiloh. 



180 HISTORY OF MISSISSIPPI. 



T. Ilari'isoii,, and .1. A. P. ('ampbell as dclegatey, to attend a 
convention at Montgomery^ and to meet tlie delegates from 
sister States for the pnrpose of forming a Confederacy. 

Tlie convention then in session and tlie legislature that had 
been convened on the fifteenth day of January^ 1861, were 
both endeavoring with the least possible delay to put the State 
on a war footing. Colonel Jefferson Davis was by the conven- 
tion elected major-general, and Earl Van Dorn, Charles Clarke, 
J. L. Alcorn, and P. H. Mott, brigadier-generals of State 
troops. 

The States of Florida, Alabama, and Georgia had, in quick 
succession, followed the example of South Carolina and Mis- 
sissippi, and it was an assured fact that the other Southern 
States would join at the earliest moment. 

The final vote on the ordinance of secession — the last act 
in the severance of Mississippi from the Union — will never be 
forgotten by those who witnessed it. The hall of the House of 
Representatives was wrapped in silence as deep and still as 
death. The president of the convention rose, and with a 
mute wave of his hand beckoned Eev. Whitfield Harrington 
to the stand by his side. The entire body rose to their feet, 
and, Avith bowed heads, stood while this eloquent man of 
God uttered an invocation to Heaven for the blessings and 
guidancie of the Most High on the step just taken. 

A majority of the people in Mississippi l^elieved in their 
hearts that they had a right to withdraw from the Federal 
Union, and to form another that would better promote their 
happiness. They accepted the solemn declaration of Abraham 
Lincoln, that " any people anywhere, being inclined and 
having the power, have the right to rise up and shake olf the 
existing government and form a new one that suits them 
better.'" And yet, when the hour of parting came, the hearts 
of the members of the convention*Were filled with a feeling of 
indefinable sadness. As the last words of the fervent invoca- 
tion to the ({reat White Throne fell ui)on their ears. men. "all 



Mississippi Secedes. 181 

uuused to melting moods '' found their eyes growing dim with 
" the spring dew of the heart." 

^rhe starry okl flag, whose folds their fathers and brothers 
had garlanded with new glories, was to be henceforth a 
strange, and possibly a hostile one. It is not surprising, there- 
fore, that their hearts should have been stirred, or that their 
eyes should have been filled with tears. 

QUESTIONS. 

What of Governor Pettus ? What was the vital question at this time ? 
How did the [)eople of Mississippi feel ? Where were all eyes turned ? 
What occurred in the Democratic National Convention ? W^hom did the 
Northern Democrats nominate, and what was their platform ? Whom 
did the Southern Democrats nominate, and what was their platform ? 
Whom did the Republicans nominate, and what -was their platform ? 
What of the old Whig party and its platform ? Where was the real 
contest, and what was the question involved ? Upon what did each 
party base its position ? Who was elected ? Why were the Southern 
people unwilling to abide by the election ? What was the first State to 
act ? What action was taken in Mississippi ? When did the convention 
assemble ? What ordinance was adopted ? What delegates did the 
convention elect ? What generals were placed in charge of the State 
troops ? Describe the scene at the final vote on the ordinance of seces- 
sion. 



EPOCH VI. 

Under the Stars and Bars. 

CHAPTER XXXVI. 



MOXTGOMERY CONVEN^TIOX. — PREPARATIONS FOR WAR. — 
BATTLES IX VIRGINIA. — EVENTS OF 1861. 

From the day on which its 
own ordinance of secession was 
])assed nntil the day when the 
tSouthern Confederacy was or- 
ganized, Mississippi and each 
of the seceding States re- 
asserted and exercised inde- 
pendent sovereignty. A blue 
flag with a single star was the 
banner adopted to temporarily 
represent this asserted sover- 
eignty, and gave rise to the 
popular song, " The Bonny 
Blue Flag.'' 

The convention, legislature, 
and Governor Pettus were in 
perfect harmony in their efforts 
to put the State on a war foot- 
ing, and to be ready for offen- 
sive and defensive operations. 
Military companies were 
formed in all parts of the State, and their services tendered 




Montgomery Coxventton. ibb 

to the governor. Mississippi senators and representatives in 
Congress resigned their seats and returned to tlieir homes to 
share with their constituents the consequences and results of 
the withdraAval of the State from the Union. 

On his way to his home in Mississippi, Colonel Davis was 
greeted with the wildest entliusiasm in every Southern State 
through which he passed. Crowds had congregated at railway 
stations to honor the great Mississippian and to hear him on 
the impending crisis. On his arrival at the capital of his own 
State, he was received by the State officials and citizens, who 
manifested their warm attachment and confidence in his 
leadership. During his stay in the city he conferred with 
the governor, and advised prompt action for securing arms 
and every preparation for a protracted war. It was known 
by friends closest to him that Mr. Davis, even after the seces- 
sion of the State, entertained hopes of a peaceful adjustment. 

On the 4th of February, 1861, the convention of the seced- 
ing States was held at Montgomery, Ala. A provisional con- 
stitution was ado])ted for the Confederate States of America, 
and the State of Mississippi came under " the stars and bars.'' 

On the 9th of the same month Jeiferson Davis was elected 
President, and Alexander H. Stephens Vice-President of the 
Confederate States. Jefferson Davis was at his home (Briar- 
field) in Warren County when he received notice of his elec- 
tion ; but he went as soon as possible to Montgomery, where 
he was inaugurated on the 18th of February, 1861. 

(rovernor Pettus was enthusiastic and earnest in his efforts 
to have Mississippi troops thoroughly equipped and disci- 
plined. The State, through her legislature^ had been most 
generous in her appropriations for ^ war purposes, and to this 
were added large sums, assumed and contributed by private 
citizens, for the purchase of arms and the equipment of com- 
panies and regiments. There was no difficulty in the way of 
enlistments, but great trouble in procuring arms for those 
who were anxious to reach the front. It was the policy of the 



184 



HISTORY OF MLS.'^SSIPPI. 



Government to accept commands as fast as they conld be even 
indifferently armed. 

General Beauregard had been assigned to the command of 




IKFFKKSON I)AV;>i. 



thev Confederate forces at Charleston, S. C, and early in 
April was advised that an attempt would be made by the 
Federal Government to provision Fort Sumter. This could 



Preparing for War. 185 

not be permitted ; and a demand was made on the lltli of 
April, by General Beauregard, for a surrender of the fort. 
Major Anderson, in command of Fort Sumter, refused. The 
Confederate forces opened fire the next morning, and con- 
tinued throughout the day, being replied to by the guns of 
the fort. The Confederate batteries pursued the attack until 
the evening of the 13th, when the fort surrendered, not a 
soldier upon either side being hurt. 

Mr. Lincoln issued his proclamation for seventy-five thou- 
sand troops. 

Virginia, the mother of States and statesmen, had up to 
that time maintained her j^osition in the Federal Union, hop- 
ins^ and trustino- that somethino- could be done to stav the 
separation and restore peace. But the time had come for 
action, and on the issue of coercion, the '" Old Dominion " 
adopted an ordinance of secession, and joined fortunes with 
her Southern sisters. The withdrawal of Mrginia from the 
Federal Union was received with demonstrations of joy 
throughout the South, and served to stimulate enlistments 
and greater efforts to procure arms. Arkansas, Tennessee, 
and Xorth Carolina soon followed. 

On May 20, Congress decided to transfer the capital to 
Richmond, and the President and other Confederate Govern- 
ment officials moved there, and established the several depart- 
ments of government. Within a few days, the great battle 
of Manassas was fought. An army numbering many thou- 
sands, well drilled and splendidly equipped, commanded by 
General McDowell, made the first experiment of invading 
Virginia. It was expected by the Northern people that the 
Confederate army would be demolished, and so strong was 
their belief, that many distinguished personages came from 
Washington and elsewhere to witness the triumph of the Union 
forces. The battle was fought on the 21st of July, 1861, and 
the Confederates, under Generals Joseph E. Johnston and 
Beauregard, Avon a most lu'illiant victory. 



180 Htstory of JVISSISSIPPT. 

A number of Mississippi troops engaged in this battle, and 
acquitted themselves with that splendid courage which marked 
their career throughout the protracted struggle. 

The battle of Leesburg was fought and won chiefly by Mis- 
sissippi soldiers. Colonel E. R. Burt of the Eighteenth Missis- 
sippi Eegiment fell, mortally wounded, in this battle while 
leading his command to victory. 

Governor Pettus was reelected, practically without opposi- 
tion, in October ; Jacob Thompson having received thirty-five 
hundred and fifty-six votes for governor. 

The legislature of Mississippi convened in regular session 
on the fourth day of November, 1861. 

The governor's message was devoted in a great measure to 
the war, and the best means for providing for the soldiers in 
the field. 

On the 11th of ^'ovember, 18(!1, A. G. Brown and James 
Phelan were elected to the Senate of the Confederate States ; 
Brown without opposition, and Phelan by a majority of one 
vote over Walker Brooke. The first members of the Confed- 
erate House of Representatives were : Reuben Davis, 0. R. 
Singleton, Ethel Barksdale, John J. McRae, J. W. Clapp, 
Israel AYelch, and Ilal. C Chambers. 

At this time it was estimated that there were twenty-four 
thousand Mississippi troops in the Confederate service, and 
that those in camp, eidisted for the war, and other companies 
sending in cheir tenders of service, would increase the num- 
ber to thirty-five thousand, which was a large number for the 
time that the struggle had been progressing. 

The State University was now closed. The ''University 
Grays " had been organized among the students and was sent 
to the front. The young men of the State who would have 
recruited the classes now recruited the forces in the field, and 
the faculty resigned. 

Besides the fighting in Virginia, there had been in the fall of 
1861, and January, 1862, important engagements in the West. 



Events of isei. 187 

Missouri bad attempted to secede, but was prevented by the 
presence of Federal troops. General Sterling Price, who had 
])een put in command of the Missouri troops, bad been gradu- 
ally forced back to the Arkansas line. General Earl Van 
Dorn of Mississippi was placed in charge of the forces in 
that department. In March he was joined by Generals Price 
and McCulloch with the Missouri troops, and also by General 
Albert Pike with a force of Choctaws and Chickasaws who 
had enlisted on the Southern side. They attacked the Fed- 
erals at Pea Eidge, Ark., in March ; and, though they failed 
to defeat tlie Federal force, they succeeded in stopping the 
advance into Arkansas and held the Confederate line west of 
tlie Mississippi. 

On the Mississijipi at Columbus, Ky., General Leonidas Polk 
was in command, and a strong garrison held Island No. 10 in 
the Mississippi River opposite New Madrid, Mo. Fort Henry 
guarded the Tennessee River, Fort Donelson the Cumber- 
land ; a Confederate force was guarding the line from Bowling 
Green to Columbus, and another was at Cumberland Gap. 

Mississippi and the whole western section of the Confederacy 
were thus protected by forts and armies extending across the 
southern line of Kentucky and Missouri to the Indian Terri- 
tory, and General Albert Sidney Johnston, with headquarters 
at Bowling Green, Ky., was in command. General Polk won 
a victory at Belmont ; but the small force in Southern Ken- 
tucky, under Generals Crittenden and Zollicoffer, was driven 
back at Fishing Creek, with the loss of General Zollicotfer. 
In this fight the Mississippi troo23s, under Lieutenant-Colonel 
E. C. Walthall, bore the brunt of the attack and won the en- 
comiums of the commander. But General Johnston retired 
from Bowling Green to Nashville. 

The first year had resulted very favorably for the Southern 
cause. True, a blockade had been enforced, and Federal ships 
of war guarded every Southern seaport, preventing the South 
from obtaining manufactured articles and munitions of war 



188 HISTORY OF MISSISSIPPI. 

from foreign countries, except by '' running the blockade. '^ 
The South had no navy, and though the Sumter, the Ala- 
bama, and the Florida did much damage to commerce, they 
could not open Southern ports. As the war progressed, salt 
became scarce, coffee and flour were almost impossible to 
obtain ; but the people of Mississippi bravely faced these pri- 
vations. The water from the gulf was evaporated for salt. 
Sweet potatoes were cut up, dried, and parched as a substitute 
for coffee. Eice flour and bolted corn-meal were used as sub- 
stitutes for flour. The old looms and spinning-wheels that 
had been put away for years were again brought out, and the 
patriotic women of Mississippi spun the thread and wove the 
homespun to clothe their soldiers in the field, and themselves 
and their children at home. The churches gave their bells to 
be cast into cannon, and took charge of the nursing of the 
sick and wounded soldiers in the hospitals. The planting of 
cotton was to a great extent abandoned, and corn and bacon 
were raised to feed the soldiers. The people now realized 
that a long struggle was before them. 

QUESTIONS. 

What steps were taken in Mississippi ? What of Mr. Davis's return ? 
What of the Montgomery convention ? Who was elected President ? 
What did Governor Pettus do ? What of the legislature and citizens ? 
Describe the capture of Fort Sumter. What was the effect of the firing 
on Fort Sumter ? What followed the withdrawal of Virginia ? Where 
was the Confederate capital now located ? What was the first battle ? 
Where were the Mississippi troops engaged ? What battle was won 
principally by Mississippi troops ? What gallant officer was killed in 
the fight ? What was the result of the fall elections in Mississippi ? 
How many soldiers did Mississippi have by this time in the Confederate 
service ? Who were the first representatives to the Confederate Con- 
gress ? What of the State University ? What movements had taken 
place in the West ? Where was the Confederate front west of the Mis- 
sissippi ? Where east of the Mississippi ? How was this line guarded ? 
Who was in command ? What fight occurred in Southern Kentucky ? 
What of tlie Mississipja troops V 



CHAPTER XXXVII. 

WAR OX M1SS1881 rn .SOIL. — CORINTH. — HOLLY 8PK1N(;S.- 
ATTEMPTS AGAINST VICKSBURG. — JACKSON. — 18(>2. 




Grant and Buel were mov- 
in their gunboats. This 
federate line and in the 
Johnston, Avho at once pro- 
He concentrated his troops 
made it a strong strategic 
to meet Grant, and on 
won the first day^s battle 
Johnston fell in the 
enforcing Grant during 
next day, and Beauregard, 
CV)rinth. A number of 
pated in the great battle 
well-earned reputation as 



With the beginning of 1803 
the tide of battle turned toward 
Mississippi. It had become of 
vital importance to the Fed- 
erals to open the Mississippi 
River, then the great highway 
of Western commerce ; and the 
movement to accomplish this 
brought their attack against 
the centre of the Confederate 
line. Forts Henry and Donel- 
son were taken, and Generals 
ing up the Tennessee River 
brought them inside the Con- 
rear of General Albert Sidney 
ceeded to meet their forces, 
at Corinth, whose location 
point. From here he moved 
the 6th of April fought and 
of Shiloh. 

hour of victory, and Buel, re- 
the night, turned the battle 
now in command, retreated to 
Mississippi regiments partici- 
of Sliiloh, and maintained tlieir 
diers. Tlie loss of the Sixth 



190 



HISTORY OF MISSISSIPPI. 



Mississippi Regiment was especiMlly Iieavy. The Federals at 
once advanced on Corinth ; and Beauregard, feeling that it 
was too near the Tennessee River to be held with security, 
retreated to Tupelo, and this place became the headquarters 
of the army. Beauregard was subsequently relieved, and 
(leneral Bragg placed in command. 

From this date a military camp could be found at almost 
every place of note in Mississippi. The wounded were sent 
in from various battles of skirmishers, and were cared for until 
ready to resume duty. The women throughout the State were 
strongly enlisted in the cause, and occupied their time in 
nursing the wounded and preparing clothing for the soldiers 
at the front. 

The Federals, under General Rosecrans, fortified Corinth 
and made it their base of operations. Shortly after its cap- 
ture. Island No. 10, Memphis, and Holly Springs fell, and the 
Mississippi River was opened as far as Vicksburg. This city, 
therefore, which still closed the Mississippi River to AYestern 
produce, became the objective point of the Army of the West. 

General Bragg moved into Ten- 
nessee and left Generals Earl Van 
Dorn and Sterling Price in com- 
mand of a small force in North 
Mississippi. September 19th, Rose- 
crans made an unsuccessful attack 
upon Genei-al Price at luka. As 
reenforcements were on the way to 
Rosecrans, Price retired-. 

October 3d and Irtli a gallant 
attempt was made to recapture 
Corinth ; and Major-General Earl 
Van Dorn, a native Mississippian 
and graduate of West Point, who 
had served with distinction in the Mexican war, was in com- 
mand. Associated with him was General Stei-ling Price. 




MAJOR-GEN. EARL VAN DORN. 



Holly springs. 191 

The battle whicli followed was attended with fearful loss on 
both sides. Charge after charge was made against the Fed- 
erals strongly intrenched behind their works, bnt every attack 
was re])elled. ( General A^an Dorn retreated toward Ripley, 
and successfully repulsed the forces sent after him. 

Meanwhile, an immense Federal fleet under Admiral Far- 
ragut, and a large force of soldiers under General Benjami]i 
F. Butler, had collected at Ship Island, preparing to attack 
New Orleans. Thus, for the second time, Mississippi's great 
natural harbor was used by her enemies as a base of operations. 
Proceeding from there, the fleet passed up the mouth of the 
river and captured New Orleans, and in June, 1862, appeared 
before Vicksburg demanding its surrender. Colonel Sykes in 
command replied to Admiral Farragut that Mississippians did 
not know how to surrender and did not desire to learn. Upon 
receiving this answer, the squadron opened fire on the city, 
filled as it was with women and children. The bombardment 
continued several days, doing but little damage, however. It 
was finally discontinued, but the squadron waited below the 
city and saw the arrival of the fleet from the North. 

Two movements had been planned for the capture of Vicks- 
burg ; one under General Sherman by river, and the other 
under General Grant to go through by land from Holly 
Springs, with that city as his base of supplies. In December, 
18(32, General Van Dorn made a brilliant movement against 
Holly Sjjrings, whicli he captured with its large garrison. 
He destroyed the immense stores, valued at several million 
dollars, which had been collected there to supply the Federal 
column on its march through the State, and forced General 
Grant to abandon his attack on that line. 

General Sherman, meanwhile, had reached the vicinity of 
Vicksburg, and attempted to get in its rear. He had been 
driven back at Chickasaw Bayou in December, 18G2, by a 
Confederate force under General Stephen D. Lee. General 
Grant, early in 1808, joined him at Milliken's Bend on the 



192 



HISTORY OF MISSISSIPPI. 



opposite shore of the Mississippi^ and attempted to cut his 
famous canal across a point of land opposite Vicksburg, which 
would have turned the current of the river from Vicksburg 
and permitted boats loaded with Western produce to pass 
safely on to New Orleans without being exposed to the batter- 
ies of Vicksburg. In this^ however, he failed. A second 
attempt to land troops, so as to attack Vicksburg in the rear, 
was made by sending gunboats through Yazoo Pass and down 



.?%r^ 




the Tallahatchie River ; but a small force of Confederates at 
Fort Pemberton, just above Greenwood, in Leflore County, 
stopped the gunboats and forced them to return. A third 
attempt to land troops was made by sending gunboats through 
Steele's Bayou and Deer Creek into Big Sunflower River, but 
they were driven back near Rolling Fork. 

While the Federal ships and gunboats filled the river north 
and south of Vicksburg, the Confederate ram Arkansas cov- 
ered herself with glory. When the Federal gunboats cap- 
tured Memphis, the ram was unfinished, and was brought into 



ATTE21PTS AGAINST ViCKSBURG. l'J3 

Yazoo Eiver where the work was continued. Here she received 
her coat of protecting armor and her guns. Her chief officer. 
Captain Isaac N. Brown of ^Mississippi, was in command, 
and received orders to go to the relief of Port Hudson. He 
passed out of the mouth of the Yazoo Eiver, ran the gauntlet 
of the fleet, and landed safely in front of Yicksburg. No 
more daring exploit has occurred in the annals of war. She 
was finally disabled and had to be abandoned by her officers, 
who applied the match to her magazine, thus blowing her up 
to prevent her falling into the hands of the Federals. 

A cavalry raid, in April, 1863, under General Grierson, 
passed through the State, destroying railroads and plundering 
the country. 

Finding that he could not get around N^icksburg by a canal, 
or capture the city from the river, and failing to land his 
troops on the north so as to attack the city from the rear. 
General Grant now turned to Grand Gulf, a few miles distant 
from Port Gibson. On April 29, 1863, his gunboats, which had 
now passed Yicksburg, opened fire on the batteries at Grand 
Gulf, but without success. General Grant succeeded, however, 
in finally effecting a landing at Bruinsburg, about sixteen miles 
from Port Gibson, and at once took up the line of march toward 
that place with the purpose of getting in the rear of Yicks- 
burg. But stationed between Grand Gulf and Port Gibson, 
with something less than five thousand men, was Brigadier- 
General John S. Bowen, who hastened his command with all 
speed through Port Gibson and two miles beyond took his 
position on the road along which the Federal forges were 
marching. There long before daybreak. May 1st, Bowen's 
skirmishers met Grant^s advance, and by sunrise the battle was 
raging. Bowen had chosen his position with some skill a" 
repulsed Grant's left ; the heavy growth of timber and cane, 
gorges, and the deep ravines making it possible for a small f 
to hold in check one of vastly superior numbers. T^ 
expecting reenforcements from Yicksburg, Bowc 
13 



194 HISTORY OF Mlsl^ISSIFPI. 

most gallant fight, and at dark still held his ground. But the 
aid so long expected came too late, and Bowen retired across 
Big Black Kiver. 

Before beginning land operations against Vicksburg, it 
was necessary for the Federals to protect their rear, and this 
forced a battle at Eaymond (May 12), in which engagement 
General John Gregg, with a force of twenty-five hundred Con- 
federates, valiantly engaged three divisions of the Federals. 
The Confederate forces retreated to Jackson, and Grant ad- 
vanced to attack the caj^ital on the 14th. 

But General Joseph E. Johnston had just arrived at Jack- 
son, and finding there a small force of Confederates, he 
hastened to meet Grant and check his advance. This he 
did in a sharp engagement at Jackson, each side losing several 
hundred men, and then withdrew to a position on the Canton 
road. The Federal army then occupied Jackson, destroyed 
all the military stores, and burned the Penitentiary, Greene's 
cotton factory, the foundery, the arsenals, the Catholic church, 
and the Confederate House. Johnston, having taken his posi- 
tion, directed Pemberton to effect a junction with his troops 
at Clinton. The threatened union of these armies forced 
Grant to abandon Jackson precipitately and to concentrate all 
his forces near Edwards to prevent the junction being made. 

QUESTIONS. 

What turned the war to Mississippi ? What of Shiloh ? Corinth ? 

Tupelo "r What followed the loss of Corinth ? Why was Vicksbiirg 

attacked ?• What occurred at luka ? At Corinth in October ? Where 

did Farragut and Butler collect their forces ? What followed ? What 

was the first assault on Vicksburg ? What raid was made ? What plans 

•e made against Vicksburg ? How did Van Dorn spoil them ? What 

^herman do ? What of Grant's canal ? What of Fort Pemberton ? 

, of the movement througli the Sunflower River ? What ram was 

in Yazoo River ? What did the ram do V What failures had Grant 

When did he finally eftcct a landing V Describe the battle of 

At Raymond. At Jackson. Wliy did Grant leave 't 



CHAPTER XXXVIII. 

Avar on Mississippi soil. — baker's creek. — big black. — 
vicksburg. — mississippi soldiers in virginia. — 1863. 

Pemberton,, in coming out to effect a junction with Johns- 
ton, had reached Champion Hills,, and there he encountered 
Grant's whole army which had turned to drive him back. May 
16th a heavy engagement took place there. At the opening of 
the battle, the Confederates, under Loring, held the Raymond 
road near Elliston's, Bowen the centre on a cross road leading 
to Champion Hills, and Stevenson the left at the union of 
the Clinton and middle roads. Though hotly contesting every 
inch of the ground, the Confederates were slowly driven back, 
and, retreating across Baker's Creek in the rear of Champion 
Hills, moved back in the direction of the bridge over the Big 
Black belonging to the Vicksburg and Meridian Railroad. 

At the time of the heavy attack on the left flank, Loring 
with a second brigade had moved to the aid of Stevenson and 
Bowen ; a third brigade, Tilghman's single brigade, being left 
on the lower road to oppose the two Federal divisions. The left 
flank being broken, Loring fell back, meeting Tilghman's bri- 
gade, which had been making a gallant stand ( Tilghman him- 
self being killed in the midst of his brigade), and which .he 
now found being slowly forced back. Meanwhile Bowen was 
bravely holding the bridge for Loring, and continued to do so 
until he was outflanked and compelled to fall back precipi- 
tately, sending word to (reneral Loring that it was necessary 
for him to save his division as best he could. 

Thus cut off, Loring found himself separated from the 
main army, and hemmed in on three sides by the P\Mlerals. 



196 HISTORY OF MISSISSIPPI. 

In this predicament he had the good fortune to meet Dr. 
Williamson, a resident of Edwards Depot, who knew tlie 
country well, and who assured him that he could pilot him 
safely to a ford on Baker's Creek, where he could recross and 
join Pemberton. This he did, Loring's division marching be- 
tween the Federal forces, and even at times passing quite near 
their camp-fires. At last, after a circuitous march, it was found 
impracticable to attempt to carry the division to the Big Black 
bridge, and on consultation it was determined to try to reach 
the New Orleans railroad at Crystal Springs. This was ac- 
complished on the evening of the 17th. From this point. 
General Loring moved eastward, crossed the Pearl Kiver, 
marched northward by way of Steen's Creek, and proceeded 
to Jackson, where he recrossed the river and joined General 
Joseph E. Johnston. 

General Pemberton re-formed his command and gave the 
Federals battle at Big Black Bridge, on the 17th, but after a 
short engagement withdrew to the intrenchments at Vicks- 
burg. 

On the IStli of May, 18Go, began the memorable siege of 
Vicksburg. The story of the forty-seven days that followed 
would fill a volume by itself. 

Flushed with their recent successes, the Federals sought to 
carry the works about the city in one sweeping assault, and on 
the 19th a fierce attack was made. But the fire from the 
trenches was too withering, and the assault was a failure. 
Another attack was determined upon, and on the 22d a 
general combined advance of the Federal forces was made. 
They were met with a firm repulse. The strength of the 
works about Vicksburg, and the valor of the men who held 
them, then became apparent, and General Grant settled down 
to a protracted siege. Extensive mining o^^erations were 
carried forward by the besieging army, and at times columns 
of white smoke and a shaking roar told of the springing of a 
mine, but nothing came of it. Added to this, day and night,- 



VICKSBURG. 



197 



with almost ceaseless scream, 
shell poured a merciless bom- 
bardment into the city. 
AVithin the city, life was one 
long heroism. Caves were 
dug in the hillsides, and in 
them the inhabitants found 
shelter from the shot and 
shell that the fleet continued 
to fire. Finally food gave 
out, and starvation stared 
the garrison in the face. 
For some time they lived on 
mule-flesh ; but this at last 
failed them, and one-third 
of Pemberton's army was in 
the hospital. 

At last it became appar- 
ent to every one that it 
was impossible to hold out 




CONFKDEKATE BATTEIUES, VUKSBIIUG. 



198 HISTORY OF MISSISSIPPI. 

longer, and on the 3d of July General Pemberton, under 
a flag of truce, sent a communication by Major-General John 
S. Bowen to General Grant, requesting an armistice, and 
proposing the aj^pointment of three commissioners from each 
side to arrange terms for the capitulation of Vicksburg. 
General Grant did not favor the appointment of commission- 
ers, but insisted upon an unconditional surrender of the city 
and garrison, adding in his reply, '' ^len who have shown so 
much endurance and courage as those now in Vicksburg 
will always challenge the respect of an adversary, and, I 
can assure you, will be treated with all the respect due them 
as prisoners of war.'' The surrender was made July 4th. 
The garrison was paroled, and returned to the Confederate 
lines, to remain in camp until exchanged. 

Closely following the surrender of Vicksburg, four days 
afterward, occurred the capitulation of Port Hudson, which 
had been besieged for many weeks by General Banks. Thus 
the Mississippi was open to the commerce of the West as far as 
the gulf. 

Meanwhile, General Johnston, who was on his way to relieve 
Vicksburg when Pemberton surrendered, had returned with 
his forces from the Big Black to Jackson, and on July 9th 
the Federals, under Sherman, appeared in heavy force before 
that city. On the 12th an unsuccessful assault was made on 
General Breckenridge's division in the defences around Jack- 
son. The Federal force was strong enough to cross the Pearl 
River in the rear of Johnston's left flank, and General John- 
ston withdrew on the night of the 16th in the direction of 
Brandon. Sherman hastened a detachment in jDursuit, and 
captured Brandon. Grant ordered the discontinuance of the 
pursuit, the thorough destruction of the railroads, and then 
a return to Vicksburg. 

Meanwhile, the war in Virginia had been a decided success 
for the Southern armies, and the gallant sons of Mississippi 
who were on Virginia soil had borne the brunt of battle in 



MISSISSIPPI SOLDIERS IN VIRGINIA. 



199 




BRIG. -GEN. R. GRIFFITH. 




EN. CARNOT POSEY. 



had. fallen. lie 
sippi in the Mexi- 
leading a brigade of 
he fell, fatally 
plains of Brandy 
sissippi troops had 
Maryland, had done 
Sharpsburg,and had 
across the Potomac, 
come the Freder- 
masterly victory at 
which had been off- 
Stonewall Jackson, and June, 1863, 
had found Leer's army once more across 
the Potomac. In the terrible fighting 
which followed at Gettysburg, Gen- 
eral William Barksdale, who had served 
for many years in Congress, had been 
killed at the head of his brigade. 
The disaster and defeat of that day, 
added to the loss of Vicksburg, cast 
a gloom over the whole South, and 
particularly over Mississippi, whose 
northern counties, sea-coast, and entire 



every contest. In the seven days^ fight 
around Richmond, Brigadier - General 
Eichard Griffith fell leading his troops. 
He had been treasurer of the State, and 
had gone to the front at the first call from 
Mississippi. After Riclimond was re- 
lieved, Stonewall Jackson had moved 
against Pope and had won his brilliant 
series of victories culminating in the 
second Manassas. In another battle in 
Virginia, Brigadier-General Carnot Posey 
had served Missis- 



can War, and was 

his soldiers when 
^ wounded, on the 
Station. The Mis- 
gone with Lee to 
heroic work at 
returned with Lee 
After a lull had 
icksburg battle, the 
Ohancellorsville, 
set by the loss of 




liUIG.-GEN. WM. BARKSDALE. 



200 HISTORY OF ML^SISSIPPI. 

river front were held by Federal forces, and whose cities and 
plantations had been ravaged by Federal raids. 

Still the local government affairs of the State were conducted 
with calm deliberation that well bespoke the steadfast mind of 
her citizens. The archives of the State had been hastily 
moved from Jackson at the first advent of the Federal army, 
and the legislature met sometimes at Macon, sometimes at 
Columbus. Such was the condition of things in November, 
1863, when the time came around for the regular biennial 
election of State officers. General Charles Clarke was elected 
governor over General A. M. West and General Keuben Davis, 
and the following members were elected to the lower house of 
the Confederate Congress : J. A. Orr, W. D. Holder, Henry 
C. Chambers, Otho R. Singleton, E. Barksdale, and John T. 
Lamkin. 

QUESTIONS. 

Where did Grant meet Pemberton ? Describe the battle. How did 
Loring move ? Where did he pass ? Describe the siege of Vicksburg. 
What followed its surrender ? How had the war progressed in Virginia ? 
What of General Griffith ? What of Gettysburg ? What general did 
Mississippi lose there ? What had become of the State government in 
Mississippi ? Where was the capital ? Who was elected governor in 
the fall of 1803 V What congressmen V 



CHAPTER XXXIX. 

ADMINISTRATIOK OF GOVERN^OR CLARK. — SHERMAN'S RAID. 
— GEORGIA CAMPAIGN^. — WALTHALL. — STEPHEN^ I). LEE. 
— 18(i4 TO MAY, 1865. 




(;r;NKRAL chakles clark. 



^^v\ General Charles Clark was in- 

^ ^ augurated governor of Mississippi in 

January^ 1864, at the city of Colum- 
bus, the temporary seat of government. 
He was born in Ohio in May, 1811, of 
old Puritan stock, his ancestors having 
come over in the Mayflower. He was 
graduated at Augusta College^ Ken- 
tucky, and came to Mississippi as a school 
teacher. He taught in Natchez and in 
Yazoo County, read law, and located in 
Jefferson County after being admitted to 
the bar. He secured a large plantation in Bolivar County, and 
went to Mexico as captain of a com- 
pany in the Second Mississippi Regi- 
ment, of which he was later elected 
colonel. At Baton Rouge, in July, 1862, 
lie had been so desperately wounded as to 
disable him for further military service, 
and the people now elected him governor. 
He combined in his own person all the 
best elements of the lawyer, the planter, 
the soldier, the statesman, and the gen- 
tleman, and Mississippi never had a 
more loyal and gallant son. lieut.-gen. Stephen d. lee. 




202 



HISTORY OF MIS^SSIPPI. 




MAJOR-GEN. E. C. WALTHALL. 




MA.TOR-GEN. W. T. MARTIN. 



sissippi SO that she 

further aid to the 

He accordingly set 

force from A^icks- 

through Jackson 

proceeded along 

Vicksburg and 

to the latter city. 

Scott, Newton, 

and Lauderdale 

waste and ruin 

vate houses were 

burned, fences destroyed, and mules and 

horses carried off. 

Arrived at Meridian he burned the 
place, destroying all the military stores 
he could find, and assigned to each of 
his divisions the special work of destroy- 
ing one of the railroads centering in 
that city. The tracks were torn up for 
miles, the iron piled on burning cross- 
ties, and when heated bent around trees 
so as to render it unfit for use. 



No governor ever came into office at 
so dark an hour of the State's history. 
He devoted himself earnestly to im- 
proving the condition of the Mississippi 
soldiers in the field, and to bringing 
out every man for the defence of the 
women and children at home. 

Early in the year 1864 General Sher- 
man was preparing to leave Vicksburg 
and join the Federal army at Chatta- 
nooga, but before going he decided 
to devastate Mis- 
could render little 
armies in the field, 
out with a large 
burg, 23 a s s e d 
and Brandon, and 
the line of the 
Meridian Eailroad 
He passed through 
Jasper, Clarke, 
Counties, leaving 
behind him. Pri- 




BRIG.-GEN. JAS. R. CHALMERS. 



SHERiiAN's Raid. 203 

He returned by Kemj^er, Neshoba, Winston, and Leake 
Counties to Canton, and thence to Vicksburg. No better de- 
scription of his work can be given than his own report : '^ We 
are absohitely strijiping the country of corn, cattle, hogs, 
sheep, poultry — everything — and the new growing corn thrown 
open as ^^asture fields and hauled for the use of our animals. 
The wholesale destruction to which this country is now being 
subjected is fearful to contemplate, but it is the scourge of 
war.'^ Continuing, he wrote : " We have made fine progress 
to-day in the work of destruction." 

After this last blow, he went to Dalton and took command 
of the column that was to march against Atlanta. General 
Grant was now commander-in-chief, and was personally in 
command of the other column that about the same time again 
set out to capture Richmond. 

When General Braxton Bragg had moved from Tupelo, in 
1862, with the main body of the Confederate army, he had 
advanced into Kentucky. He had won a victory at Mumf ords- 
ville in September. General E. Kirby Smith, who had won a 
victory at Richmond, Ky., in August, joined him, but their 
march to Louisville was intercepted by General Buel. A battle 
was fought at Perryville, in which Buel's forces were driven 
back, but Bragg decided to abandon Kentucky. 

He brought with him a long wagon train of supplies, and 
retired to Murfreesboro, Tenn., where he had won a battle on 
the 3d of December, but was forced to retreat after a second 
fight, January 2, 1863. He had retreated to Chattanooga and 
beyond into Georgia, and, being reenforced by Longstreet, had 
won a brilliant victory at Chickamauga, which resulted in 
locking up Rosecrans^s army in Chattanooga, while Longstreet 
laid siege to Knoxville. After the fall of A^icksburg, Grant 
had come to the help of Rosecrans, Lookout Mountain had 
been evacuated by the Confederates, and the battle of Mission- 
ary Ridge had forced Bragg's army back to Dalton, Ga., in 
November, 1868. Longstreet had returned to Virginia. 



204 



HISTORY OF MISSISSIPPI. 




BRIG. -GEN. W. H. TUCKEK. 



bore a prominent 
ations. At Atlanta, 
lieved and General 
placed in corn- 
Stephen D. Lee snc- 
commander of his 
ant-general of the 
youngest lieuten- 
Confederate ser- 

On the evening 
eral Hood marched 
the troops from the works and at- 
tacked the Federals in the open 
field. The loss was heavy on both 
sides. Again, on the 22d and 31st, 
General Hood made fierce attacks, 
which were repulsed . He now evac- 
uated Atlanta, and left Sherman 
to burn the city and march on to 
Savannah. 

Major-General William T. Star- 
tin of Natchez commanded a di vis- 



General Joseph E. Johnston had 
been placed in command of the Con- 
federate forces at Dalton, numbering 
about fifty thousand, to oppose the 
Federal column of about one hun- 
dred thousand men, to which General 
Sherman was assigned as the com- 
manding general in May, 1864. The 
great fight from Dalton to Atlanta is 
one of the events of the war, and a 
large number of brigades and regi- 
ments of the sol- 
diers of Mississippi 
part in all the oper- 
Johnston was re- 
John B. Hood 
mand. General 
ceeded Hood as 
corj^s and a lieuten- 
army. He was the 
ant-general in the 
vice, 
of July 20th, Gen- 





BUIG.-(iEJ<. S. AV. FEKGUSON. 



Georgia campaign. 2u5 

ion of cavalry, and Major-General E. C. Walthall an infan- 
try division, Brigadier-Generals Tucker, Shar]), Feather- 
ston, Ferguson, Adams, J. A. Smith, M. P. Lowrey, and C. 
W. Sears were prominent in the Georgia campaign and in the 
Nashville campaign which followed. There were thirty-five 
regiments, six battalions, and several batteries of Mississippi 
soldiers engaged in the campaign. 

General Hood marched northwest, crossed the Tennessee 
River, and reached Columbia, Tenn. Here he detached two 
divisions under General Stephen D. Lee to move against General 
Schofield, who was occupying Columbia, while he with the 
rest of his army crossed Duck River. From here he moved to 
attack Franklin, to which place Schofield had retreated from 
Columbia. The battle which ensued was fought with intense 
fury until nightfall. During the night the Federals with- 
drew to Nashville. Hood pursued closely, and on the 2d of 
December drew up before Nashville. Hood's force was small, 
and the Federal force opposing him, under General Thomas, 
outnumbered him more than two to one. On the 15th, the 
Federals moved out of Nashville and attacked Hood, and, 
though repulsed along the greater portion of the line, suc- 
ceeded late in the evening in turning Hood's flank. This 
necessitated falling back and re-forming his lines. The next 
morning the battle was renewed all along the front, but the 
Federals were again repulsed. Late in the evening, by a con- 
centrated fire of artillery and the massing of troops, a jiortion 
of the Confederate works were carried, and in a short time the 
line broke at all points and a general stampede followed. The 
Confederates were partly re-formed at Brentwood, but Lieu- 
tenant-General Stephen D. Lee, while protecting the rear of 
the retreating army, was wounded and compelled to retire 
from the field. 

One feature of the retreat was the conduct of Major-General 
Walthall. General Hood, on the 20th of December, sum- 
moned Major-General Walthall to headquarters, turned to 



206 



HISTORY OF MISSISSIPPI. 




EUIG.-GEN. W. S. FEATHEKSTOW 



and, if necessary, 
must be sacrificed 

General Wal- 
worthy of that 
tinguished Missis- 
QYnl," lie said, '^ I 
a hard place for 
place for comfort, 
as they come, 
for the troops, and 

General Wal- 
among other brig- 
portant duty, the 
under Generals AV. S. Featherston and 
J. A. Smith. One division of the cavalry 
under General Forest was commanded by 
General J. R. Chalmers, and the brigades 
of General Wirt Adams and Peter B. Stark 
were also under his command. The duty 
imposed u})on Generals AValthall and For- 
est was nobly fulfilled, and to their bold- 
ness, coolness, and sagacity. General Ilood 



him and said : '' Things are in ])ad 
condition. I have resolved to re- 
organize a rear guard. General 
Forest requires a strong infantry 
support to keep the enemy from 
us. He needs three thousand in- 
fantry under your command. You 
---^ can select any troops in the army. 
It is a post of great honor, and 
one of such ^^eril that I shall not 
impose it upon you unless you are 
willing to undertake it. The army 
must be saved, come^ what will ; 
your command 




to accomplish it." 
thall's reply was 
gallant and dis- 



sippian. 



Gen- 



BRIG.-GEN. WIRT ADAMS. 



have never asked 
glory, nor a soft 
I take my chances 
Give me the order 
I will do my best."" 
thall selected, 
ades, for this im- 
Mississippians 




BRIG.-(iKN. JAS. A. 



Retreat from Nashville. 207 

was indebted for the safe return of his shattered army across 
tlie Tennessee Kiver. At Tupelo, Miss., where the army 
rested, General Hood asked to be relieved. After a short 
rest, the scattered remnant of the army was gathered together 
and sent to North Carolina, again under the leadership of 
Johnston. 

QUESTIONS. 

Who was inaugurated governor in 1864 ? What of him ? What was 
the condition of affairs in Mississippi at this time ? Describe General 
Sherman's course in Mississippi. What was his object ? What of 
General Bragg's campaign ? What battles did he fight ? Where was 
General Joseph E. Johnston at this time, and what was he doing ? Who 
superseded him at Atlanta ? What course did General Hood pursue ? 
The result ? What did General Sherman do at Atlanta ? Where did 
General Hood now go ? Describe his campaign in Tennessee. What 
Federal general opposed him ? What battle was fought, and the result ? 
What part did General Walthall take in this campaign ? Where did 
General Hood retreat to after the defeat at Nashville ? Name some of 
the prominent Mississippi officers mentioned in this chapter. 



CHAPTER XL. 

THE SURRENDER. — ARREST OF GOVERNOR CLARKE. — APPOINT- 
MENT OF GOVERNOR SHARKEY. — CONVENTION OF 1865. 

The Federal column wliicli had set out in Virginia under 
General Grant to reach Richmond, having been repulsed at 
the Wilderness, again at Spottsylvania Court House, again 
at the North Anna River, and finally at Cold Harbor, crossed 
the James River below Richmond and laid siege to Peters- 
burg. 

Every man lost in the Federal army had been quickly 
replaced, but there was no hope of filling up Lee^s depleted 
ranks ; and after four years of hard fighting, with brilliant 
successes and serious reverses, the time came in the early 
days of April when it was manifest to the great commanders. 
Generals Lee and Grant, that the Army of Northern Virginia 
must succumb to the overwhelming numbers of its opponents ; 
and so clear was this, that General Grant opened a correspond- 
ence with General Lee on the 7tli of April, saying that fur- 
ther resistance was hopeless. To this General Lee replied, 
and the correspondence culminated on the 9th of April with 
the surrender of the Army of Northern A^irginia at Appomat- 
tox Court House. With that army the three Mississippi bri- 
gades,* that had served from the first Manassas to the firing 
of the last hostile gun, laid down their arms. The command- 
ers of these brigades during the latter years had been : Brig- 

* General Harris's brigade consisted of tlie Twelfth, Sixteenth, Nine- 
teenth, and Forty-eighth Mississippi Regiments ; General Humphreys's, 
of the Third, Seventeenth, Eighteenth, and Twenty-first Mississippi 
Regiments ; and General Davis's, of the Second, Eleventh, Forty-second, 
and Twenty-sixth Mississippi Regiments, 



The Surrender, 



'Zm 



adier-General Nathaniel H. Harris, 
who had succeeded General Posey ; 
Brigadier - General Benjamin G. 
Humphreys, Avho had succeeded 
General Barksdale ; and Brigadier- 
General Joseph E. Davis. 

The surrender of General Lee 
practically ended the Confederacy, 
as it was impossible for General 
Johnston, Lieutenant- General Tay- 
lor, east of the Mississippi River, 
and E. Kirby Smith 
sissippi Depart- 
the contest, and 
so advised the Con- 




BKIG (.EN. X H HARRI*- 



ties. On the eigh- 
near Durham Sta- 
Carolina, Generals 
man signed a mem- 
of agreement, for 
disbandment of all 
forces. Many vexed 
be submitted to the 
the United States. 





BXUti -GEN. WM. L. BKANUON. 
14 



in the Trans-Mis- 
ment, to continue 
General Johnston 
federate authori- 
teenth day of April, 
tion, in North 
Johnston and Sher- 
orandum. or basis 
\ the surrender and 
the Confederate 
questions were to 
Supreme Court of 
The Confederate 
authorities accepted the terms agreed 
upon, but they were rejected by the 
Government of the United States. 

On the 14th of April Mr. Lincoln 
had been assassinated by J. AVilkes 
Booth. The most intense excitement 
prevailed throughout the North, and 
the South promptly disclaimed the cow- 
ardly act which was a most serious mis- 
fortune to her. Vice-President Andrew 
Johnson, from East Tennessee, had suc- 



BRIG.-GEN. .J. R. DAVIS. 



210 History of Mississippi. 

ceeded to the Presidency, and, in assuming control of the 
Executive Department, exhibited a bitter feeling against the 
people of the South. 

On the 26th of April Generals Johnston and Sherman had 
another conference, at the same place, in which terms were 
reached for the capitulation of Johnston's iXYmy. This was 
followed by the surrender of the forces in Mississippi and 
Alabama, under General Taylor, and, in the Trans-Mississippi 
Department, under General E. Kirby Smith. A great number 
of Mississippians Avere surrendered by these commanders. 
Under General Smith Avas Brigadier-Creneral Douglas H. 
Cooper, a Mississippian, who had commanded the Indian 
troops at the battle of Pea Ridge, and had risen to the rank of 
Brigadier-General. 

Thus ended the most memorable war in the world's history. 
General Grant in his "Personal Memoirs,'' referring to the 
record made by Union soldiers, paid this tribute to Southern 
soldiers. He said : "Let them hope for perpetual peace and 
harmony with the enemy, whose manhood, however mistaken 
the cause, drew forth such herculean deeds of valor." 

One event had occurred during the progress of the war which 
has not been mentioned because it only became effective when 
the Southern army surrendered. This was the Emancipation 
Proclamation of President Lincoln. It will be remembered 
that the platform of the Republican party had only opposed the 
extension of slavery in the Territories, and that Mr. Lincoln, in 
his inaugural address and during the first years of the war, had 
insisted that the war was not waged for the abolition of slavery. 
Indeed, on the 2d of March, 1801, as a guarantee of good faith 
to the seceding States, Congress had proposed an amendment 
to the Constitution of the United States providing that slavery 
should not be interfered with in the States where it already 
existed. Maryland and Ohio promptly ratified it, but it was 
too late. On the 1st of January, 1863, Mr. Lincoln had issued 
his Emancipation Proclamation, which made the abolition 



Appointment of governor Sharkey. ;>ii 

of slavery au issue of the war. Congress had proposed the 
Thirteenth Amendment for adoption in the way required by 
the Constitution. It became a part of the Constitution in 
1865. AVith the surrender of their armies^ the people of Mis- 
sissippi recognized the abolition of slavery. 

Governor Clarke, immediately after the surrender of General 
Taylor, issued a proclamation dated from Meridian, May 6th, 
1865, in which he stated that all Confederate armies east of 
the Mississippi River had surrendered, with all government, 
quartermaster's, and commissary stores ; that the officers of the 
State government should immediately return with the archives 
to Jackson ; county officers should be vigilant in the preserva- 
tion of order and the protection of property ; that all citizens 
should steadfastly adhere to the fortunes of the State, and 
maintain law and order, and meet stern facts with fortitude 
and common sense. 

Some two weeks later the Federal troops took possession 
of Jackson, arrested Governor Clarke, and sent him under a 
military guard to Fort Pulaski, where he was imprisoned. At 
the time it was alleged that Andrew Johnson, President of the 
United States, had issued this harsh and disgraceful order, 
which sent into confinement, while sulfering from painful 
wounds, as true a gentleman and brave a soldier as ever drew 
a sword in defence of the honor of his country. 

President Johnson then appointed provisional governor 
Judge W. L. Sharkey, an old line Whig and a prominent 
Union _man in the secession contest, in whom the people had 
perfect confidence. 

Governor Sharkey issued a proclamation advising the people 
of his appointment and of his desire to organize a State gov- 
ernment. He also notified them that he was charged with the 
duty of calling a convention, to be composed of delegates who 
were loyal to the United States, for the purpose of altering or 
amending the constitution to enable the State to resume its 
place in the Union. 



212 HISTORY OF MISSISSIPPI. 

The convention assembled on the fourteenth day of August, 
1865, with Jacob S. Yerger of Washington president, and J. 
L. Power of Hinds secretary. It may be confidently stated 
that there has never been assembled in this State a body of 
men of more distinguished abilities than those who sat in that 
convention. 

An amendment to the constitution was adopted abolishing 
slavery. All ordinances and resolutions adopted in the con- 
vention of 1861, having for their object " the regulation of 
the military system/'' were repealed. The convention under- 
took, in a sensible and manly way, to deal with the situation 
as it existed. Provisions were made for a general election on 
October 2, 1865. 

At this election the candidates for governor were B. CI. 
Humphreys, E. S. Fisher, and W. S. Patton. General 
Humphreys was elected. 

QUESTIONS. 

What occurred in Virginia ? What Mississippi soldiers served there ? 
What of Lee's surrender ? Wliat followed ? What occurred on the 14th 
of April ? What did General Grant say of Southern soldiers ? What 
event had occurred in 18G3 ? Had this been the object of the war ? 
When did emancipation take effect ? What steps did Governor Clarke 
take ? What followed in two weeks ? Who was appointed provisional 
governor ? What did he do ? When did the convention assemble ? 
What amendment to the constitution was adopted ? What else was 
done ? Who was elected governor ? 



CHAPTER XLI. 

ADMINISTRATIOJiT OF GOVERNOR HUMPHREYS. — STATUS OF 
MISSISSIPPI. — FREEDMAN'S bureau. — COMMISSIONERS 
VISIT WASHINGTON. — OCTOBER^ 1865, TO 186 . 




BRIG. -GEN. B. G. HUMPHREYS. 



Brigadier-General Benjamin 
G. Humphreys was inaugurated 
governor on the sixteenth day of 
October, 1865. He was born nine 
years before the Territory became a 
State, and grew up in Claiborne 
County. He was sent away to attend 
school, and finally was appointed to 
the Military Academy at West Point, 
where he met Jefferson Davis and 
Robert E. Lee. When the war be- 
gan he was planting in Sunflower 
County, and immediately raised a large company which was 
thrown into the Twenty-first Mississippi Regiment, and Cap- 
tain Humphreys became colonel. His regiment participated 
in all the great battles of Virginia, and he subsequently 
became brigadier-general. His name will long remain the 
synonym for knightly honor, for fidelity to every ti:ust, for 
loyalty to every duty. 

In his inaugural address he said : ''It has been reported in 
some quarters that our people are insincere, and the spirit of 
revolt is rampant among us. But if an unflinching fidelity in 
war gives evidence of a reliable fidelity in peace, if the un- 
varying professions that spring from private and public sources 
furnish any evidence of truth, it is sufficiently demonstrated 



214 HISTORY OF Ml/^SISSTPPI. 

that the people of the South, who so long and against such 
terrible odds maintained the mightiest conflict of modern 
ages, may be safely trusted when they profess more than a 
willingness to return to their allegiance." 

The convention that had assembled in August appointed 
Messrs. E. G. Goode, Robert S. Hudson, and William Hem- 
ingway a committee to submit to the legislature such new laws 
and such changes in the then existing statutes as had become 
necessary or were desirable. 

Early in the session Judge William L. Sharkey and James 
L. Alcorn were elected to the United States Senate. Both 
were trusted leaders of the old line Whig party, and enjoyed 
the confidence of the people. The members elected to the 
lower House of Congress vrere A. E. Reynolds, Richard A. 
Pinion, General A. M. West, James T. Harrison, and E. G. 
Peyton. These senators and representatives were refused ad- 
mission to seats in Congress, and in order to understand why, 
some exjilanation is necessary. 

President Johnson had been a strong Union man, and denied 
the power of a State to secede. He now held that Mississippi 
had never severed her connection with the Union, but was as 
much a State as on the day of her admission. He held that 
the State government at the time was in the hands of persons 
who had resisted the authority of the Constitution ; that it was 
his duty and Avithin his power to remove these persons, and to 
see that others were elected by voters who had not resisted the 
authority of the United States, or who had been pardoned for 
so resisting. With the State government thus placed in loyal 
hands, and with a constitution that conformed to the Consti- 
tution of the United States, he held that she would be entitled 
to resume the place in the Union which she had never lost, but 
from which she had been forcibly held. 

Congress held views very different from President Johnson. 
That body claimed that when the Southern States were recog- 
nized as belligerents, they were recognized as being out of 



Status of Mississippi. 215 

the Union ; that now they were territory conquered by the 
armies of the United States, and subject to the control of 
Congress just as other territory. It denied the power of the 
President to organize the State governments, and refused to 
admit the senators and representatives from Mississippi to seats 
among its numbers. Thus began the great figlit beween Con- 
gress and the President, all the details of which will be found 
in histories of the United States. 

Meanwhile, Mississippi occupied a novel position, being 
recognized by the President as a State, but regarded by Con- 
gress as a Territory under control of the army. The State 
officers were permitted to fill their positions, the legislature to 
meet, and the civil laws to be enforced ; but Federal soldiers 
were kept in every quarter, and were, in the eyes of C-ongress, 
in charge of the Territory. And, strange as it may appear, 
the sokliers were the representatives of the law-making depart- 
ment and not under the control of the President, though he 
was commander-in-chief of the army. 

With the army came the officers and agents of the Freed- 
man^s Bureau, that had been established by Congress to look 
after the interest of the freedman. Its officers and agents 
were principally clerks from the quartermaster's and commis- 
sary departments, or sutlers who had been in the army and were 
thrown out of employment when the troops were mustered 
out of service. They were prejudiced against the white 
people of Mississippi, and their presence in the State created 
differences between the races where up to that time the best 
feeling had prevailed. 

When the war opened the colored people of Mississippi had 
been in full sympathy with the white people. All through 
the war they had rejoiced with them in their victories and 
mourned Avith them over their defeats. Some of them had 
accompanied the Confederate armies through the entire war, 
and many had remained at home, faithfully guarding the 
interests of the absent masters. When news came to them of 



21G HISTORY OF MISSISSIPPI. 

the Emancipation Proclamation, issued in 1863, which made 
their freedom an issue in the war, this made no difference in 
their conduct ; and it was only when the agents of the Freed- 
man^s Bureau appeared upon the field that they were alienated 
from the people with whom they had lived. 

The returning soldiers found their homes wasted, their 
families in want and ruin, and desolation on every side. They 
at once applied themselves to rebuilding their shattered for- 
tunes, and their energy soon began to tell in the improved 
condition of the State. 

The State University, which had been closed during the 
war, was reopened with an able faculty ; and the Eev. John N. 
Waddel, a distinguished divine and doctor, was elected chan- 
cellor. He had been one of the first board of trustees for that 
institution and a member of its faculty, and was honored and 
esteemed throughout the State. 

The authorities at Washington were petitioned time and 
again for the withdrawal of the troops, but the only response 
made was, " The troops are to be withdrawn when, in the opin- 
ion of the Government, peace and order have been restored 
and can be maintained without them." 

The people of the State were restless because of the long- 
continued imprisonment of Jefferson Davis, which they re- 
garded as unjust, because amnesty had been extended to nearly 
all others, and he alone Avas in confinement. This feeling 
resulted in a memorial petitioning his release, adopted by the 
legislature, and transmitted to the President of the United 
States. 

On October 15, 1866, the governor called a special session of 
the legislature to consider matters of public interest. In 
his message he referred to the antagonism existing between 
the President and Congress. The Fourteenth Amendment was 
presented to the legislature during this session for action, and 
Judge H. F. Simrall, chairman of the committee on State 
and Federal relations, submitted a report recommending 



00M3IISST0NEES VISIT WASIIWaTON. 217 

that the State refuse to ratify the amendment, which was 
adopted. 

At this session a concurrent resolution was passed, authoriz- 
ing the governor to appoint two commissioners to visit the 
President of the United States and urge the release of Jeffer- 
son Davis. For this service the governor ap23ointed Giles M. 
Hillyer, a member of the house from Adams County, and 
Robert Lowry, a member of the senate from Rankin and 
Smith Counties. These gentlemen proceeded to Washington, 
met President Johnson, and urged strongly and persistently 
that Mr. Davis be released on bail. At the time this had no 
effect, and he was not admitted to bail until the 14th of May, 
1867. The case which was to be made against him was never 
brought to trial, but was finally dismissed. 

The legislature in October, 186G, organized a new county, 
and named it Lee in honor of General Robert E. Lee. It was 
taken from Itawamba and Pontotoc. The court-house was 
located at Tupelo, where the Confederate Army of the West 
had made its headquarters for so long during the war. 

QUESTIONS. 

What of Governor Humphreys ? What of his inaugural address ? 
Who were elected senators ? What was President Johnson's position ? 
What position did Congress take ? What position did Mississippi oc- 
cupy ? What of the Freedraan's Bureau ? What of the returning sol- 
diers ? Of the State University ? What occurred at the special session 
of the legislature ? What resolution was passed ? Who w^ere appointed ? 
What was their success ? What new countv was formed ? 



CHAPTER XLII. 

RECONSTRUCTION. — CONVENTION. — REMOVAL OF GOVERNOR 
HUMPHREYS. — MILITARY GOVERNMENT. — READMISSION 
OF THE STATE. — 1867 TO 1870. 

Congress having the power to make laws had the advantage 
of the President, who could only execute them, and on the 23d 
of March, 1867, passed over his veto an act to enforce its own 
view as to Mississippi and the other Southern States. This 
was called the '' Reconstruction Act/' and it provided that 
Mississippi and other seceding States should be divided into 
five military districts, and that a general officer of the regular 
army should be assigned to the command of each. General 
E. 0. C. Ord was assigned to the Fourth, which embraced 
Arkansas and Mississippi, taking command on March 27, 1867. 
Military courts were authorized, and military authority was 
supreme. One of his early orders was to the effect that he 
would fill by appointment all vacancies in office which might 
occur in the State. 

On the 19tli of July a supplemental reconstruction act 
was passed providing for a registration of voters by military 
officers, and excluding from voting all persons who had held 
office under the United States Government, and had after- 
ward participated in the war. These registrars were ap- 
pointed by General Ord and sent to each county in the State 
to register the votes. These positions were usually filled by 
Bureau agents, whose work was now about at an end, for whom 
new positions must be provided. 

General Ord ordered an election of delegates to a convention 
called for the purpose of revising or making anew the organic 
law of the Commonwealth of Mississippi. The election was 



Convention. 210 

held, November 5, 1867, and a number of the most intelligent 
white citizens in the State were excluded from participation 
in the election of these delegates, by test oaths, penalties, etc., 
while the colored people, who at this election cast their first 
votes, had been inspired with distrust of the white citizens of 
the State. They followed the advice of the carpet-baggers, 
who had borne no part with the Union army in the fighting, 
but were now on hand to gather the spoils. The delegates 
were elected and met January 7, 1868. This motley assemblage 
is known to this day as the ''black and tan convention.'" 

There were some very able, patriotic, and true men in the 
body, but they were as powerless to accomplish good as they 
would have been to reverse the current of the mighty Missis- 
sippi River. A great many of the delegates claimed to repre- 
sent counties where they were unknown to the taxpayers. 
They were characterless adventurers, suddenly raised from 
insignificance to a position of j^rominence, masquerading as 
statesmen and constitution makers. 

Each member of this remarkable aggregation drew for his 
services twelve hundred and ninety dollars, and the president 
drew twenty-five hundred and eighty dollars. The cost of the 
convention was not less than a quarter of a million of dollars. 
It adjourned May 15, 1868, having remained in session four 
months and nine days. 

When their work was done, the constitution, according to 
its provisions, was submitted to a vote of the people for rati- 
fication, and an heroic effort was made to defeat it. The 
tickets in favor of the constitution were printed on the back 
of a national flag, and the colored voters were told by the 
leaders that to vote that ticket meant to go back into the 
Union. A full State legislature and Congressional ticket w^as U^ 
nominated and voted for at the same time. A large number 
of intelligent colored men voted with the whites against this 
constitution ; and with their assistance, for which the people 
will always be grateful, it was rejected. The vote was 63,860 



220 HISTORY OF MISSISSIPPI. 

against, and 55,231 in favor of its adoption. The Democratic 
ticket was elected by about the same vote which rejected the 
constitution ; but, as the latter was rejected, there was no 
organic law to give them power to act, and so Mississippi was 
still part of the Fourth Military District. 

During the canvass, June 4, 1868, General Ord was super- 
seded by General McDowell, who, on assuming command sev- 
eral days later, issued an order for the removal of Governor 
Humphreys and Attorney-General Hooker from their offices, 
and appointed Adelbert Ames military governor of the State. 

Governor Humphreys refused to recognize the order of Mc- 
Dowell ; and Colonel Biddle, a Federal officer, with an order 
from Ames called at the executive office, and demanded that 
it be surrendered, with the archives of the State. This was 
refused. A second demand on the governor was made by an 
officer with a file of soldiers to vacate the executive office. 
He was informed that his force was insufficient to take posses- 
sion of the office. The officer inquired what force would be 
required, and was informed that the governor would be the 
judge of that. The officer returned with a military company, 
and filed the soldiers into the executive office. When the 
governor, who was out for the moment, returned, he was 
halted at the door at the point of a bayonet, and kindly in- 
formed by the sentinel that his orders were to allow no one to 
enter the office, that it was a military order, and he was com- 
pelled to obey. The governor was also ejected from the exec- 
utive mansion. 

Adelbert Ames thus became military governor in June, 
1868. He was a native of Maine, and at the age of thirty-four 
years the fortunes of war found him in this State, a lieutenant- 
colonel in the regular army, and a brevet-major-general of 
volunteers. AVithout experience in civil life, he was unfitted 
for the discharge of the duties assigned him ; and the gigantic 
task of putting in operation the machinery of a State govern- 
ment was beyond his capacity. 



MILITARY G0VERN2IENT. -Z'Zl 

The rejection of the constitution was a surprise, and the 
committee of five appointed by the convention to announce 
the ratification found no work for it to do. This emergency 
had not been provided for, and the wrangle continued until 
the inauguration of President Grant, to whom they looked for 
support. But that great soldier had only contempt for them, 
and with manly frankness recommended Congress to provide 
for the holding of another election, at which the objectionable 
clauses should be voted on separately, and State officers and 
members of the legislature and Congress should be elected. 
The election was held in November, 1869, and the whole 
people, white and colored, voted against the objectionable 
clauses, and for the rest of the constitution. The Republicans 
nominated James L. Alcorn of Coahoma for governor ; and the 
Democrats nominated Lewis Dent, a Republican and a brother- 
in-law of President Grant. His wife was a Mississippian, and 
the people ho2)ed to have the support of the President, but 
he favored the regular Republican ticket, and it was elected. 

The legislature assembled in January, 1870, and Acting- 
Governor Ames on the loth submitted to that body the Four- 
teenth and Fifteenth Amendments to the Constitution of the 
United States, and they were promptly approved. The legisla- 
ture also elected United States senators to fill two unexpired 
terms. Hiram R. Revels, a colored man, and Adelbert Ames 
were elected. 

The constitution that had been finally adopted in 1869 was 
made up from other State constitutions, and changed the 
organic law of the State in many particulars. The office of 
lieutenant-governor was reestablished, and that of superintend- 
ent of public education created, and the terms of State officers 
extended to four years. The name of the High Court of 
Errors and Appeals was changed to the Supreme Court, and 
the terms of the judges extended to nine years. The office of 
probate judge was abolished, and the probate business thrown 
into the chancery courts. All judges were to be appointed by 



222 HISTORY OF MISSISSIPPI, 

the governor and contirmed by the senate. Police boards in 
control of county affairs were abolished, and a board of super- 
visors was appointed. A system of public schools was estab- 
lished. 

The State of Mississippi had passed a second time through 
the Territorial stage. Having adopted a constitution Avhich 
was approved by Congress, and having ratified the Fourteenth 
and Fifteenth Amendments, she was recognized by Congress 
as a State, and her representatives were given their seats in 
that body, February 24, 1870. More than nine years had 
passed since the State had been represented in Congress. 

QUESTIONS. 

How did Congress enforce its views ? What did the first reconstruc- 
tion act provide ? What did the second supplemental reconstruction act 
provide ? Who were appointed under it ? What election was held ? 
When did the convention meet ? What was the character of the dele- 
gates '? The cost of the convention ? What followed its adjournment ? 
What was the result of the election ? What occurred during the can- 
vass ? How was Governor Humphreys displaced ? Who was appointed 
military governor ? What was the efi'ect of the rejection of the consti- 
tution ? Who settled the question ? How was it settled ? When was 
the second election held ? What followed the assembling of the legisla- 
ture in January, 1870 V How did the constitution which was adopted 
differ from the old constitution ? What was the date of Mississippi's re- 
admission to the Union ? 



EPOCH VII. 

Back under the Old Flag. 

CHAPTER XLIII. 



ADMI:N^ISTRATI0X of GOVEEXOR ALCORN. — NEW COUNTIES 

formed. — r. c. powers becomes governor. — 1870 to 1874. 

General James L. Al- 
corn was inaugurated gov- 
ernor on the 10th of March, 
1870. He Avas born in Illi- 
nois and educated in Ken- 
tucky, but many years be- 
fore the war had come to 
Coahoma County, Missis- 
sippi, where he had engaged 
in })lanting. He had been 
a life-long Whig, and a 
trusted leader in that party. 
In the convention of 1861 
he had served as a delegate 
and opposed secession, but 
was afterward elected by 
that body one of the briga- 
dier-generals of State troops. The legislature in 1865, after 
the inauguration of Governor Clark, elected him United States 
senator, but Congress would not recognize the State. Pos- 
sessed of strong will-power, bold and able in debate, he con- 
ceived the idea of dividing the white people, and entertained 




224 



HISTORY OF MlSl^ISSIPPL 




rAMES L. ALCORN. 



the hope that many of his old Whig followers would join 

him. His plan was for the white people to get control of the 

Republican party, and administer the 

State government in the interest of the 

people. 

May 10, he appointed Judge E. G. 
Peyton, H. F. Simrall, and Jonathan 
Tarbell judges of the supreme court. 

The legislature, in 1870, established 
a State Normal School for training 
colored teachers, at Holly Springs. 

Six new counties were created in 
1870. The first was taken principally 
from Tishomingo, and named Alcorn 
in compliment to the governor. Its 
court-house was located at Corinth. Another portion of Tish- 
omingo was taken away and organized into a county, named 
Prentiss for Sargent S. Prentiss, the distinguished lawyer, 
statesman, and orator of Mississippi. The county site was 
located at Booneville. 

A third county was taken from Marshall and Tippah, and 
named in honor of Colonel Samuel Benton, who was killed at 
the head of liis command during the war between the States. 
Ashland, the county site, was named for the home of Henry 
Clay. Another part of Tippah County was cut off aud united 
with a portion of Pontotoc to form a new county, which was 
named Union. Its court-house is at New Albany. The east- 
ern portion of this county contains the water ridge which 
separates the basins of the Tennessee, the Mississippi, and the 
Tombigbee Rivers. The streams rising in these high hills flow 
north, east, south, and west. 

The southern portion of Yalobusha and a portion of Carroll 
were organized into a new county, which was named Grenada 
in compliment to the growing city of that name at the junc- 
tion of the Mississippi and Tennessee with the Illinois Central 



New Counties Fobjied. 226 

Railroad, which became the county site. Portions of Law- 
rence and Franklin were organized into a county, which was 
named Lincoln in honor of President Abraham Lincoln, and 
the court-house was located at Brookhaven. 

During the session of 1871, three additional counties were 
organized. Portions of Lowndes and Chickasaw were taken 
off and organized into a new county, which was named Clay 
in honor of Henry Clay, and the court-house Avas located at 
West Point, one of the growing cities of the State, at the inter- 
section of the Mobile and Ohio, the Georgia Pacific, and Illinois 
Central Railroads. 

Portions of Sunflower and Carroll were organized into a 
county which was named Leflore, and its county site called 
Greenwood, in honor of Greenwood Leflore, the distinguished 
chief of the Choctaws, and an honored citizen of the State. 
This is in the heart of the delta, and is one of the richest 
counties in the State. Another portion was taken from the 
county of Carroll, and with a portion of Choctaw was organized 
into a new county, named Montgomery in honor of General 
Richard Montgomery. Its court-house was located at AVinona, 
at the intersection of the Illinois Central and Georgia Pacific 
Railroads. 

The legislature also, on the 13th of May, 1871, established 
a university for the higher education of colored youths, and 
appropriated fifty thousand dollars a year for ten years to its 
support. This university was also given part of the Agricul- 
tural and Mechanical College fund, the proceeds of the sale 
of thirty thousand acres of land which the State secured 
from the L^nited States under the act of 1862. Oakland 
College in Claiborne County, near Rodney, was bought by the 
State from the Presbyterian Synod, and was reorganized as 
Alcorn University under the act of incorporation. This insti- 
tution now receives support from the State. 

The public school law provided for under the new consti- 
tution was adopted, and the system was put into operation ; 
15 



226 HISTORY OF MISSISSIPPI. 

but it was not adapted to the conditions of the State, and has 
since been entirely changed. 

Governor Alcorn was elected to the United States Senate to 
succeed Hiram R. Revels, whose short term expired in March, 
1871, and on the oOth of November lie resigned to take his seat 
in that body. His transfer to a new and different field was 
thought to be a shrewd move on the part of the "carpet- 
baggers^^ to get rid of him. They esteemed him a bold, fear- 
less, talented man, who really had at heart the interests of the 
peo23le, and who would probably be a serious obstruction to 
their schemes. 

Lieutenant-Grovernor R. C. Powers, by succession, became 
governor under the new constitution, and assumed the duties 
of his office November 30, 1871. He was a Northern man and 
had been a volunteer soldier in the Federal army. He was 
amiable and courteous, a property owner and a taxpayer in the 
State, and continued the line of policy inaugurated by Gov- 
ernor Alcorn. He manifested a desire to cooperate with the 
taxpaying citizens, and to return to economical government ; 
but, with his surroundings, he was powerless to accomplish 
much good. 

The eighth census was taken in 1870, and the result when 
published showed the population of Mississippi to be 827,922. 
In 1860 the seventh census had shown the population to be 
791,305. The small increase in the decade shows how the war 
had affected the State. 

In 1872 the presidential election occurred, and General Grant 
carried the State by a majority of 34,887 over Horace Greeley, 
who had been one of the bondsmen of Mr. Davis, and Avhose 
independent course in politics induced the Democrats to nomi- 
nate him for President. L. Q. C. Lamar was the only Democrat 
elected to Congress from Mississippi at that election. The other 
members elected were A. R. Howe, H. W. Rarry, Jason Niles, 
and George V>. McKee. 

At the session of 1873, the legislature created a new county 



R. C. POWERS BEC03IES GOVERNOR. 221 

out of parts of De Soto, Marshall, and Tunica. It was named 
Tate, and the court-house is at Senatobia. The county is one 
of the richest in the State. 

Generals Alcorn and Ames were occupying their seats in 
the United States Senate when they became estranged. Al- 
corn, an old citizen of his State, a man of high bearing, 
wealthy, full of courage, had a contempt for his colleague, 
and charged that he was not a citizen of Mississippi, but a 
fraud, and that his poverty of intellect was only equalled by 
his a^sum2:)tion of unauthorized powers. The breach between 
them culminated in each declaring himself candidate for gov- 
ernor of the State. 

This was the political situation of 1873, when the Dem- 
ocratic party declined to nominate a State ticket, leaving its 
members free to support either. 

The gubernatorial contest between Alcorn and Ames was 
fierce and bitter. Ames had the carpet-bag leaders and the 
colored people. The Avhite people gave their support to Al- 
corn. He was an old citizen, largely interested in the material 
development and welfare of the State, and in every view vastly 
preferable to his opponent. Ames was elected. 

QUESTIONS. 

Who was inaugurated governor in 1870 ? What was his plan with 
regard to the government ? Who were appointed judges of the supreme 
court ? What school was established by the legislature of 1870 ? What 
new counties were organized during this administration ? What school 
was incorporated in 1871, and what was its object ? To what new office 
was Governor Alcorn elected in 1871 ? Who succeeded him as governor ? 
What of his policy ? What was the population of Mississippi according to 
the eighth census ? What the result of the presidential election of 1872 ? 
What new county was created in 1873 ? What of the trouble between 
Generals Alcorn and Ames ? How did it culminate ? The result of the 
State election of 1873 ? 



CHAPTER XLIV. 

ADMINISTRATION OF GOVERNOR AMES. — TAXPAYERS' CONVEN- 
TION. REVOLUTION. — IMPEACHMENT TRIALS. — 18T4 TO 1876. 

Adelbert Ames was inaugurated governor in January, 
1874. His training and life as a soldier had unfitted him for 
administering civil law. His idea seemed to be that, as gover- 
nor of the State, he was in the same position as the commanding 
general of an army, who has no superior officer, but governs 
and disciplines those under him as his judgment dictates. He 
did not seem to realize that the people were not his army, and 
that his power was limited by the constitution of the State. 
The slow process of civil law contrasted unfavorably with the 
military discipline to which he had been accustomed, and he 
wanted at his command a military force to execute his will. 
Governor Ames was a stranger to Mississij^pi, and it is doubt- 
ful if a hundred taxpayers in the State knew him personally. 
He owned no property, paid no taxes, sought to make no 
friends among the people. 

The legislature at its session in 1874 organized the county 
of Webster, which was taken principally from Choctaw, and 
included within its limits the old court-house of that county. 
It was first called Sumner County ; but the name was changed 
to AYebster in 1882, and the county site, AValthall, was named 
for Senator E. C. Walthall. 

The legislature elected Henry R. Pease United States senator 
to succeed Governor Ames. He served until March, 1875, 
when Blanche K. Bruce, the second colored senator from Mis- 
sissippi, was elected as his successor for the full term of six 
years from that date. 



(t VER.no R A JIES \S A D3IINISTRA TION. 



;^29 



Au event in the State this year was the rebuilding of the 
Mississippi Mills at AYesson. In 1865, just after the surrender, 
Colonel J. M. AVesson had established a cotton mill on the 
line of the Xew Orleans, Jackson and Great Northern Rail- 
road in Copiah County, and a town was incorporated there 
which bears his name. It was established just after the close 
of the war, and shows the energy of its founder and the deter- 
mination of the people to again build up the State. In 1873 a 




Mississippi /\fjj^=- 



lire had destroyed the mills, but they had been promptly re- 
built and enlarged, and the cloths manufactured there are sold 
to-day in every large city in the Union. 

During Governor Ames's administration serious troubles 
arose, Avhich were the direct result of years of mismanage- 
ment and carpet-bag government. State bonds could not 
be negotiated, and this prevented a State debt being created. 
But in every county which the carpet-baggers controlled, 
heavy county debts had been incurred, and county bonds 
issued in payment. Property was assessed at an arbitrary 
value which the owner had no voice in fixing and no ^^ower to 
reduce. Besides this arbitrary valuation, the rate of taxation 
had been so increased as to amount to confiscation. 

In 1869 the State levy was one mill on the dollar of assessed 
value of lands ; in 1871 it was four mills ; in 1872 it was 



230 ^ HISTORY OF MmsISSIPPL 

eight and a half mills, and iu 1874 it was fourteen mills on 
the dollar. This was only the State tax. In many counties 
a county tax of one hundred per cent, on the State tax was 
added, besides a special tax in some counties to j^ay the interest 
on its bonded debt, and a special tax in the incorporated towns 
of from five to ten mills on the dollar for town purposes. In 
this way it happened that the total tax paid by citizens was 
two and eight-tenths per cent, outside of the cities^ and from 
three and one-half per cent, to four per cent, in the cities and 
towns. The people simply could not \)iiy these taxes ; and, as a 
consequence, property all over the State was forfeited, and the 
tax sales advertised in the county papers sometimes entirely cov- 
ered two pages, and crowded out all the other advertisements. 

'' Carpet-baggers " were in full control in two-thirds of the 
counties, and held the county offices which were kindly voted 
to them by their colored friends ; and, as the years had passed, 
in county after county, the tax collector or county treasurer 
had absconded with the county money, leaving behind him a 
worthless bond and no property. School warrants, in which 
teachers were paid, in some counties sold as low as twenty-five 
cents on the dollar. 

The taxpayers, under these circumstances, had grown des- 
perate, and in almost every county in the State held conven- 
tions with a firm determination to correct the existing abuses, 
and prevent their repetition in the future. Ministers of the 
gospel, lawyers, doctors, farmers, and mechanics, all took 
part. 

A collision occurred in Warren County, where a number of 
taxpayers collected at the court-house and demanded that the 
county officers should give new and sufficient bonds or sur- 
render their positions. The officers summoned their colored 
supporters, and they collected in Vicksburg from every direc- 
tion, armed with guns and pistols to sustain their leaders. 
They were repulsed and order enforced. Governor Ames 
denounced the taxpayers as " insurgents,'" and called an extra 



TAXPAYERS' CONVENTION. 



231 



session of the legislature in December, 1874, to consider the 
matter. 

On the 4tli of Jannarj, 1875, a convention of taxpayers 
assembled in Jackson, at the Honse of Representatives, and 
W. S. Featherston of Marshall was made chairman. They 
prepared a petition, giving the trne status of affairs, and pre- 
sented it to Governor Ames, Avho treated them with contempt. 
The convention resulted in the organization of taxpayers' 
leagues all over the State, which were intended to check the 
process of confiscation. 

In 1875 the Democratic Conservative State Convention met 
and adopted a platform Avhich was bi^'oad and conservative. 
All citizens who favored honest, impartial, and economical 
government were invited to join them. General James Z. 
George was elected chairman of the executive committee, and 
the campaign was placed in his charge. 

General George when a mere boy had served as volunteer in 
the Mexican war. He had studied law and 
was for many years reporter to the High 
Court of Errors and Appeals. During 
the war he had been brigadier-general of 
State troops, but, preferring more active 
service, was made colonel of the Fifth 
Mississippi Cavalry. After the Avar he had 
devoted himself to his profession, and had 
taken first rank among the lawyers of the 
State. 

A most unfortunate affair occurred dur- 
ing the campaign, at Clinton, where Judge 
Amos R. Johnston and H. T. Fisher, a Republican, were 
engaged in a joint discussion. There are two versions of the 
origin of the trouble, but both concur in saying that the fight 
was brought on by the negroes. The result was most unfor- 
tunate, and was deeply deplored by every man in the State, 
except the governor, who remarked that the killing of half a 




JAMES Z. GEOKGE 




WILEY P. HARRIS. 



232 HISTOBY OF MISSISSIPPI. 

dozen negroes wonld make no difference in Mississippi^ but 
would help to carry the election for the Republicans in the 
Northern States. 

On the 22d of August, 1875, Judge Wiley P. Harris, con- 
fessedly the ablest lawyer in the State, addressed a public meet- 
ing held in Jackson, in an argument 
of rare power and eloquence. He was 
averse to holding public office, and had 
refused all nominations ; but in this 
crisis of the history of Mississippi he 
became an earnest Avorker in the cause 
of the people. His speech exerted 
great influence in the campaign. 

As the campaign progressed. Gov- 
ernor Ames made frequent ajiplication 
to the President for troops, but was 
refused. He then conceived the plan 
of arming militia companies of negroes in the larger counties, 
thus inevitably precipitating a conflict between the races in 
the State. 

Finally, on the 20th of October, a meeting was arranged 
between a committee of citizens and the governor at the 
executive mansion. The committee consisted of General J. 
Z. George and other prominent citizens, and it was agreed 
between them that the colored militia was to be disbanded and 
the arms turned over to a United States officer. The commit- 
tee on its part pledged that peace and order would be main- 
tained. 

It must be said to the credit of the colored 2:)eople, that, un- 
influenced by carpet-baggers, they would then have acted in 
harmony with the tax-paying citizens of the State, as they 
have done since. But the carpet-bag leaders, who took the 
credit of giving the race its freedom, would appeal to their 
gratitude for support and for reelection to office. In this con- 
test thousands of the colored voters all over the State came 



IMFEACIIMKNT TlUALS. 233 

boldly out on the side of the taxpayers, and with their assist- 
ance the Democratic Conservative ticket swept the State. 
Only members of the legislature and county officers were voted 
for, but an overwhelming majority in each branch was secured. 

Shortly after the result was known ^Major Barksdale, editor 
of the Clarion, took strong grounds in favor of the impeach- 
ment of Governor Ames and those State officials who had 
violated their oath of office and their constitutional obligations 
to the people. 

The legislature met in January, 1876. In the early days of 
the session the House of Kepresentatives preferred articles of 
impeachment for high crimes and misdemeanors in office 
against Governor Ames, Lieutenant-Governor A. K. Davis, 
T. W. Cardoza, superintendent of public education — the two 
latter colored men — and appointed a committee, of which 
General W. S. Featherston was chairman, to prosecute the 
charges before the senate. T. W. Cardoza was permitted to 
resign, and the proceedings against him were dismissed. 
Lieutenant-Governor Davis denied the charge contained in the 
five articles of impeachment, was tried before the Senate as a 
court, and was found guilty. He was removed from office and 
disqualified from holding any office of honor, trust, or profit 
in the State. 

Twenty-one articles of impeachment were preferred against 
Governor Adelbert Ames, each specifying a neglect of his duty 
or a violation of his oath as governor, and alleging that the 
offences charged were a high misdemeanor or a high crime in 
office. His attorneys asked and obtained five days in Avhich 
to answer the articles of impeachment. On the 29th of 
March, when the court of impeachment was opened, the 
managers appeared within the bar of the senate, as did coun- 
sel for defendant. Governor Ames authorized his counsel to 
state to the managers that, but for the articles of impeach- 
ment against him, he would resign the office of governor, and 
would then do so, if the articles were dismissed. On this 



234 History of Mississippi. 

aseurauce, the House of Representatives directed the mana- 
gers to dismiss the proceedings, after which Governor Ames 
tendered his resignation, and it was filed in the office of the 
secretary of state. 

With the exception of Governor Alcorn, who is an old and 
respected citizen, the State was from 1870 until 1877 repre- 
sented in the United States Senate by aliens and strangers. 
During the same period George 0. McKee, Jason Niles (an 
old citizen and reputable lawyer, esteemed through life as 
a scholarly, honorable, and upright man), L. W. Pearce, 
George E. Harris, Albert R. Howe, Henry W. Barry, John 
R. Lynch (colored), and Joseph L. Morj^his represented the 
State in the national House of Representatives. With the 
exception of Judge Niles, General McKee, and Mr. Morphis, 
who owned property in the State, the other white members 
mentioned abandoned the State. All the carpet-baggers went 
with them, and it is to be hoped make better citizens in their 
new homes than they did while temporarily stopping in Mis- 
sissippi. 

QUESTIONS. 

What of Governor Aines ? What county was formed ? What of the 
Mississippi Mills ? What occurred during Governor Ames's administra- 
tion ? How was property assessed ? How had taxes increased ? What 
was the consequence ? What of county money ? W^hat did the tax- 
payers do ? What occurred in Warren County ? What convention was 
held ? What of General George ? What of Wiley P. Harris ? What 
did the governor do ? What of the Clinton trouble ? What was the 
result of the election ? What followed when the legislature met ? 



CHAPTER XLV. 

ADMINISTRATION^ OF GOVERNOR STONE. — YELLOW FEVER. — 
AGRICULTURAL AND MECHANICAL COLLEGE. — 1876 TO 




John M. Stone became governor of 
Mississippi the 29th of March, 1876. He 
was a native of Giles County, Tenn., 
but had been for many years a citizen of 
Tishomingo County, Miss. He entered 
the Confederate service as captain of a 
company in the Second Regiment of Mis- 
sissippi Infantry, and, after the resigna- 
tion of Colonel W. C. Faulkner, became 
colonel of that regiment. He served 
JOHN M. fsToNE. tlirougli tlic cutirc war, and earned the 

highest distinction for his courage and 
ability as an officer and his unfaltering devotion to his cause. 
As its senior colonel he often commanded the brigade to which 
he was attached, and time after time, during the long years of 
his service in Virginia, he led them into battle, winning the 
enthusiastic devotion of every soldier in the command. He 
had served as county treasurer and State senator since 1870. 
In January, 1876, the Senate elected him president pro tern., 
and upon the removal of Lieutenant-Governor Davis and the 
resignation of Governor Ames, he succeeded to the chief 
magistracy of the commonwealth under the constitution. 

Colonel Stone became governor at the termination of a great 
revolution, after seven years of misrule, outrage, and robbery. 
It was no easy task to bring order out of the chaos which was 
characteristic of the governments of the Southern States dur- 



236 



History of Mississippi. 



.^;^^ 



^ ^^ 



ing the period of reconstruction. The governor, however, 
was a calm, just, resolute, and honest man, and he was 
zealously sustained by an exceedingly intelligent, able, and 
patriotic legislature. Before the united and harmonious coop- 
eration of the legislative and executive branches of the gov- 
ernment, all difficulties disappeared as rapidly as mist before 
the morning sun. 

About the time of (lovernor Stone's accession to office the 
term of one of the justices of the supreme court expired, 
and the governor appointed Judge 
J. A. P. Campbell to fill the vacancy. 
Judge Campbell was a lawyer of the 
highest ability. He had been a mem- 
j ^ ,^^^^^ her of the legislature from the county 

L/ ^^ ' *" of Attala soon after reaching his ma- 

^*i^«Mi.v* - joi'ity, and in 1859 had been elected 

speaker of the House of Represent- 
atives. In 1861 he was elected to 
the provisional congress of the Con- 
federate States, and subsequently en- 
listed in the Confederate service, where 
he became lieutenant-colonel of the 
Fourteenth Regiment, and remained 
with his command until disabled by 
wounds. He had served as circuit judge of his district, and 
against his wishes had been reelected without opposition. It 
is no disparagement to others to say that no abler man ever 
adorned the supreme bench of Mississipi^i. 

Shortly after Governor Stone's accession, the legislature, by 
a special act, retired the presiding chief justice, E. G. Peyton, 
on half pay, and Judge H. H. Chalmers Avas appointed to fill 
the vacancy. Judge Chalmers was the son of Joseph AV. 
Chalmers, who had represented Mississippi in the United 
States Senate in 1845. He was a man of the highest charac- 
ter, and a lawyer of recognized ability. 




A. P. CAMPBEI-I.. 



GOVERNOR STONE'S ADIIINISTRATION. 237 

State warrants, which at the beginning of 1876 were worth 
from seventy-five to eighty cents on the dollar, at the close of 
1876 were worth dollar for dollar. The expenditures of the 
executive and legislative departments of the State government 
were reduced from 1153,571.60 in 1875, to 1131,195.42 in 
1876. The tax levy for State purposes was nearly thirty per 
cent, less in 1876 than in the previous year. 

At the United States Centennial Exhibition, which opened 
in Philadelphia on the 10th of May, 1876, a creditable exhibit 
of her products and industries was made by Mississippi. To 
the Mississippi Mills at AYesson, and the Whitfield Manufactur- 
ing Comj^any at Corinth, first honors were awarded on several 
classes of their goods. 

The Hon. L. Q. C. Lamar, congressman from the first 
district, and the first Democrat for many years to sit in the 
national body as a representative from 
the State of Mississippi, was elected 
United States senator, and succeeded 
General J. L. Alcorn, March 4, 1877. 
He had been a member of the House 
of Representatives in 1857, and re- 
signed to become a candidate for the 
secession convention. He had served 
in that body, and as colonel in the 
Confederate army, and in 1873 was 
again elected member of Congress 
from his district. He was regarded y O ^ ^ 
as one of the airiest Southern states- oC^' (j 0^a<H-u2^ 
men. 

In 1876 Sharkey County had been organized, being taken 
principally from Issaquena, and named for Mississippi's great 
judge, William L. Sharkey. The county site is Rolling Fork. 
In 1877 Quitman County was organized, and named in 
honor of General John A. Quitman, the distinguished soldier 
and statesman. Its county site was called Belen, after the 




238 . HISTORY OF MISISISSIPPI. 

Belen Gate, where General Quitman planted the national 
colors during the Mexican war. 

The two years' incumbency of Governor Stone Avas so satis- 
factory to the people, that he was nominated for election to 
the office of chief magistrate for the full constitutional term 
of four years. The following persons were also nominated : 
W. H. Sims, lieutenant-governor ; Kinloch Falconer, secre- 
tary of state ; Sylvester Gwin, auditor ; W. W. Hemming- 
way, treasurer ; T. 0. Catchings, attorney-general ; and 
General J. A. Smith, superintendent of public education. The 
entire ticket was elected. 

In January, 1878, Governor Stone was inaugurated gov- 
ernor by the election of the people. One extract from his 
inaugural address expresses the feeling of every true man in 
Mississippi : 

'^ Upon one point all good men will agree — there must be 
absolute and perfect protection to life, liberty, and property. 
The government that fails to give this is unworthy of the 
name. The liuml^lest citizen of the State, no matter how poor 
or how ignorant, must feel that over his hut the law throws its 
mantle, and that he who dares to wrong him will feel the 
vengeance of the law's ministers. There must be no tolera- 
tion of wrongs and injuries inflicted upon those who are too 
weak to defend themselves. It was for the defence of the 
weak that governments were organized and laws enacted. '^ 

In 1878 the pestilential yellow fever scourged many parts of 
the State. The disease followed the lines of railway and the 
navigable streams. Strict quarantine regulations made com- 
munication between the various cities anil towns next to im- 
possible ; but in sjjite of these restrictions the plague spread 
over a large section of the country, and the State lost many of 
her most prominent and valuable citizens. The disease first 
appeared at Grenada, and the whole city was prostrated. It 
was at first not recognized as yellow fever, Ijut its character 
soon became established. The citizens of Holly Springs, 



340 



HISTORY OF MlSiSISSIPPI. 



noted for their generous hospitality, threw open their houses 
to refugees from the stricken cities and towns. As a conse- 
quence, the disease swept through the city, carrying off many 
of the best people. Among them were Colonel H. W. 
Walter, an eminent lawyer of Holly Springs, and Major 
Kinloch Falconer, secretary of state, and one of Mississippi's 
most efficient officers. When the plague reached Major Fal- 
coners home, he promptly returned to the assistance of his 
people, and after nursing the sick and burying the dead, he 
himself fell a victim to the dread disease. His friend and 
fellow-townsman, Henry C. Myers, was appointed by Gover- 
nor Stone to succeed him as secretary of state. 

The fund which the State received from the United States 
for the establishment of an agricultural and mechanical col- 
lege had been divided between Alcorn University and a " De- 
partment of Agriculture '' at the State University. But the 
people and the press demanded a college especially devoted, to 
agriculture, and a bill for the establishment of such an insti- 
tution was i^assed by the legislature of 1878. The Agricultural 
and Mechanical College was located near Starkville, and was 
put in operation under the supervision 
of General Stephen D. Lee. Its suc- 
cess from the first was apparent, and 
it has become one of the foremost in- 
stitutions of its kind in the United 
States. 

The governor appointed Timothy E. 
Cooper of Copiah County on the su- 
preme court, to fill the vacancy caused 
by the resignation of General George. 
Judge Cooper is a profound lawyer and 
an able judge, and his decisions upon 
the bench have sustained the high char- 
acter of the court. He presides as chief justice, and has been 
appointed as his own successor. 




TIMOTHY E. ( OOPEI 



Governor stone \s administration. 241 

Oil the 4th of March, 1881, General J. Z. George Avas elected 
to succeed B. K. Bruce iu the United States Senate. 

At the close of Governor Stone's first full term, the 1 )emo- 
cratic party nominated and elected General Robert Lowry 
governor, and G. D. Sliands lieutenant-governor. 

During his terms of office the following meml^ers repre- 
sented the State in the lower House of Congress : In 1875, 
Lucius Q. C. Lamar, H. 1). Money, Cliarles E. Hooker, G. 
Wiley AVells, John R. Lynch (colored), and Otho R. Single- 
ton ; in 1877, Van H. Manning, Henry L. Muldrow, James R. 
Chalmers, Charles E. Hooker, Otho R. Singleton, and H. I). 
Money ; in 1880, the delegation was the same except that 
John R. Lynch was seated from the " Shoestring " district 
instead of General Chalmers. 

QUESTIONS. 

Wluit of Govenior Stone V How did he first become j2:oveni<)r ? 
Wliat conditions existed ? What of Judge Campbell ? Judge Chal- 
mers ? What cliauge occurred in the finances ? What of L. (^. ('. 
Lamar ? Who was elected in 1877 ? Repeat the extract from his 
inaugural address. Describe the yellow fever scourge of 1878. What 
of the Agricultural and Mechanical College V What of General George ? 
Who were nominated in 1881 ? 
IG 



CHAPTER XLVI. 



administration of governor lowry. — railroad commis- 
sion. — college at columbus. — last visit of jefferson 
davis. — his death. — 1882 to 1890. 

Brigadier-General Robert Lowry 
was inaugurated governor in January, 
1882. He was a native of South Carolina, 
and was brought when a child to Perry 
(now Decatur) County, Tenn.. by his 
father, and afterward to Tishomingo 
County, Miss, When a small boy he went 
to Raleigh, in Smith County, to reside 
with his uncle, Judge James Lowry. He 
entered the Confederate army as a private 
in Company B in the Sixth Mississippi 
Infantry. Upon the organization of that 
regiment he was elected to the position of 
major, and upon its reorganization, after the battle of Sliiloh — 
Colonel Thornton because of wounds having retired — was 
elected to the colonelcy. In 18G4 he was appointed to the 
rank of ])rigadier-general, which position he continued to hold 
until the termination of the war. He had represented the 
people of his county and disti'ict in both branches of the legis- 
lature. He was nominated for the office of attorney-general 
against his protest in the convention, headed by Mr. Lewis 
Dent, in 1869, in opposition to the Republican ticket led by 
Hon. James L. Alcorn, ajid of course was defeated. 

For several years the affairs of the railways had been in such 
a condition that railway service had become a source of dis- 




GOVERNOR LOWRY'S AILMINISTRATIOX. 343 

satisfaction throughout the State. Accordingly, a railway 
commission consisting of three members was created. The 
law made it the duty of the commission to see that the lines 
operated within the State fulfilled their obligations to one 
another and to the people. In equalizing freight and passen- 
ger rates, and in preventing unjust discrimination, the rail- 
way commission has done excellent service. 

The people of the State had long felt the need of more 
railways, and therefore both executive and legislative depart- 
ments did what they could to encourage all legitimate railway 
enterprises. As a result, a greater mileage of railways Avas 
built during Governor Lowry's administration than during the 
entire history of the State up to the time of his inauguration. 

In the early part of 1882 there was an overflow of the Mis- 
sissippi Eiver of unexampled extent and destructiveness. 
Ruin and devastation, loss of life and property were wide- 
spread, from the mouth of the Ohio Eiver to the Gulf. Assist- 
ance was rendered to the homeless and starving people by 
both public and private agencies in all parts of the Union, 
giving practical expression to the sympathetic and humane 
sentiments of the people. Fifteen thousand dollars were 
appropriated by the legislature of Mississippi. 

The matriculation of a number of young women in the 
State University at Oxford had the effect of reviving the sub- 
ject of a State college for women. As far back as 1858 Miss 
Sallie Eola Reneau had conceived the idea of such a college. 

For twenty years she ])attled for her cause. Twice a bill 
establishing the college passed the legislature and received the 
governor's approval, but each time the ap])ropriation for sus- 
taining it was left out. Miss Reneau did iu;)t live to see the 
successful accomplishment of the enterpi-ise she had so ably 
advocated. Others of her sex, however, took up the work aiul 
contributed to its final consummation. Through the press of 
the State. Mrs. A. E. Peyton of Gopiah Gounty nuiintained 
an earnest effort, and MVs. John G. Hastings of Gluiborne 



244 HISTORY OF MISSISSIPPI. 

County i^rovecl a vigorous and eft'ective ally. In the mean- 
time, in 1883, co-education had been established at the Uni- 
versity of Mississij^pi, and the same year twenty-three young 
women matriculated. The following year, while the subject 
of a dormitory for them was under discussion, Governor Lowry 
took a practical view of the question and urged the immediate 
establishment of a college for women, rather than to risk the 
costly exiieriment of co-education at Oxford. Accordingly, 
the college known as the Industrial and Female Institute 
was established at Columbus. Over three hundred girls were 
enrolled at the oi)ening session. It was tlie first State institu- 
tion in America to be established for the training of women in 
the industrial arts, and time has dem(»nstrated the wisdom of 
its establishment. 

On the 10th of March, 1884, there occurred a notable event. 
In response to an invitation extended by the two houses of the 
legislature, Jefferson Davis, ex-President of the Confederate 
States, visited the city of Jackson. He had been urged to de- 
liver an address, and to meet, perhaps for the last time, the 
people who had loved him in his youth, and who now wished 
to honor him in his old age. As Mr. Davis entered the hall, 
escorted by Oovi^rnor Lowry and the justices of the supreme 
court, cheer after cheer resounded through the Imilding. 

In an el()(|uent address, Lieutenant-Oovernoi' Shands, the 
presiding officer of the senate, presented Mr. Davis to the 
audience. An applause such as had never before l^een heard 
within the walls of tlie cai)itol greeted the old warrior and 
statesman as he stepj^ed upon the rostrum. Mi". Davis then 
briefly addressed them, saying, among other tilings : 

^' Away from the political sea, I have, in my secluded home, 
observed with intense interest all passing events aifecting 
the interest or honor of Mississippi, and in the diversification 
of labor, the development of new sources of prosi)erity. and 
the increased facilities of public education, have rejoiced to 
see reason to hope for a future to oiir State more pi'osperoiis 



24C) IIISTOBY OF MISSISSIPPI. 



than that of any preceding era. The safety and honor of a 
republic must rest upon the morality, intelligence, and patriot- 
ism of the community. 

"' We are now in a transition state — a state that is a bad one 
both in society and in nature. What is to be the result of the 
changes Avliich may be anticipated, it is not now possible to 
forecast ; but our peoj^le have shown such fortitude, and have 
risen so grandly from their deep depression, that it is fair to 
entertain brightest hopes for the future. Sectional hate, 
concentrating itself upon my devoted head, deprives me of 
the privileges accorded to others in the sweeping expression of 
' without distinction of race, color, or previous condition,^ but 
it cannot deprive me of that privilege which is nearest and 
dearest to my heart — the right to be a Mississippian ; and it is 
with great gratification that I received this emphatic recog- 
nition of that right by the representatives of our people. 

• • Reared on the soil of Mississippi, the ambition of my boy- 
hood was to do something that should redound to the honor 
and welfare of the State. The weight of many years ad- 
monishes me that my day for actual service has passed, yet the 
desire remains undiminished to see the people of Mississippi 
prosperous and happy ; her fame not unlike that in the past, 
but growing gradually brighter and wider as years roll away.'^ 

This was the last visit of Mr. Davis to the capital. Although 
urged to be j^resent at the laying of the corner-stone of the 
monument erected to the memory of Confederate soldiers and 
sailors, age and bodily infirmities would not permit him to accept. 

There were but few other events of importance during 
Governor Lowry's first term. Among the most noteworthy 
was the building of the East Mississippi Insane Asylum. The 
institution was located at Meridian. 

At the Democratic State convention held in 1885, Governor 
Lowry and Lieutenant-Governor Shands were nominated for 
a second term, and were reelected without opposition. At the 
same time there were also chosen George M. Govan, secretary 
of state ; W. W. Hemmingway, treasurer ; W. W. Stone, 
auditor ; T. Marshall Miller, attorney-general ; and J. R. 
Preston, superintendent of public education. 



(U) \ ^EHNOI! LO \VR y \S . I DMTNJSTIIA TTON. 247 

The State w;i8 in a. peaceful and 2)i'()sperous eondition. Cleve- 
land and Hendricks, the Democratic nominees for l*resident 
and Vice-President of the United States, had been elected and 
inangnrated. The change in party administration was heartily 
welcomed, and brought with it a revival of industry through- 
out the whole South. The i)eople saw in it evidence of the 
triumph of a national feeling, the subsidence of sectional bit- 
terness, and the advent of a patriotic spirit, the foundations 
of which are broader and deeper than the basis of any party 
organization. 

At the session of the State legislature of 1880, some changes 
were made in the school laws to give greater eflftciency to the 
public school system, and a local option law was enacted giving 
to each county the power to decide by a vote of the people 
whether or not the sale of intoxicating liqnors as a beverage 
shonld be ])rohibited. 

In 1885 Senator L. Q,. C. Lamar resigned his seat in the 
United States Senate to accept a seat in President Cleveland's 
cabinet. General Edward C. AValthall was appointed by the 
governor in his place, and subserpiently elected by the legis- 
lature. General Walthall had made for himself an enviable 
record. At the beginning of the civil Avar he entered the 
Confederate army as a lieutenant ; at the close, he held the 
rank of major-general. He had become one of the most emi- 
nent lawyers of the State, and up to the time of his appoint- 
ment had steadfastly refused to accept public ofiice of any 
kind. 

During the same year Hon. H. H. Chalmers of the supreme 
court died at his residence in Jackson. Judge Chalmers had 
served nine years on the bench of the supreme court, a part of 
the time as chief justice. Hon. James M. Arnold, judge of 
the circuit court of the Sixth District, was appointed in his 
place. 

The AVorld^s Industrial and Cotton Centennial Exposition, 
held at Xew Orleans in 188-1-85, afforded an opportunity for a 



248 



II [STORY OF MF^SISSIPPL 



display of the resources of the Viirious States, 'I'he exhibit of 
Mississippi was generally regarded as tlie best in the (rovern- 
ment Building. 

The United States census of LSHO had shown the po2)ulati()n 
of the State to be 1,131,597, and the next a|)portionnient gave 
Mississi})})i seven representatives in the lower House of Con- 
gress. During the eight years of (loveriu)r Lowry's adminis- 
tration the State was rejiresented in (*ongress as follows : In 
1882, Henry L. Muldrow, Van II. Manning, E. Jeffords, II. 
T). Money, Otho 1\. Singleton, W. S. Van Eaton, and Ethelbert 
Barksdale ; in 1884, John M. Allen, James B. Morgan, Thomas 
C. C^atchings, F. (1. Barry, Otho Iv. Singleton, II. S. A^an 
Eaton, and Ethelbert Barksdale ; in 188(1, J. M. Allen, James 
B. Morgan, Thomas V. Catchings, Charles E. Hooker, Thomas 
K. Stockdale, C. L. Anderson, and F. (J. Barry; in 1888, J. 
M. Allen, James B. Morgan, Thomas C. Catchings, Charles E. 
Hooker, Thomas R. Stockdale, C. L. Anderson, and Clarke 
Lewis. 

A vacancy on the bench of the sui)reme court was created 
by the resignation of Judge Arnold, and Governor Lo\vry 
appointed Thomas H. AVoods of Meridian 
to till the vacancy. Judge Woods is a 
lawyer of high character and great legal 
ability. During the unexpired term he 
made a splendid record as a judge, and 
has been since reappointed for the full 
term. 

At the Democratic State convention in 
1889, Governor John M. Stone, who had 
served so acceptably for nearly seven years 
as governor, was renominated for gov- 
ernor, and M. M. Evans for lieutenant- 
governor. They were duly elected, to- 
gether witli George M. Govan, secretary of state ; J. J. Evans, 
treasurer; AV. W. Stone, auditor; T. Marshall Miller, attor- 




THOMAS H. WOODS 



Death of Jefferson Davis. 240 

ney-geiiertil ; and -I. W. I're'stun, State si4)eriiitc'ii(leiit of pub- 
lic education. 

On the Gtli of J)ecenil)er. in his home at Beauvoir, the life 
of Jefferson Davis passed away. On the 11th of December 
Mississip2)i's sage and statesman was laid to rest in the city of 
Kew Orleans. The military organizations from all over the 
South came to give the great soldier the last honors of military 
burial. The governors of seven States served as i)all-bearers, 
and the bisho^^s of two States officiated at the funeral. The 
position which Mr. Davis had held in life had endeared his 
memory to the pco})le of the whole South, and every Southern 
State claimed the honor of furnishing the final resting-place 
for his remains. After some time it was decided that Virginia 
should have this honor, and in her capital, where he passed 
the most eventful years of his life, he will rest at last in 
peace. 

QUESTIONS. 

Who succeeded Governor Stone in 1881 'i Name the other State ofiti- 
cers. What was the governor's recommendation concerning manufactur- 
ing industries ? Concerning railways V For what purpose was the rail- 
way commission appointed ? Wliat led to the establishment of the State 
Industrial Institute and Female C'oUege '? Give an account of the work 
of Miss Reneau. Where was the college established V Name two 
women of Mississippi who were active in its organization. Describe the 
visit of ex-President Jefferson Davis to the capital. What were the 
ceremonies attending his visit ? Who were elected governor and lieuten- 
ant governor at the end of Governor Lowry's first term? What is said 
of the Industrial and Cotton Exposition V What is said of the exhibit 
from Mississippi ? What asylum was established in the State, and where 
was it located ? Who was elected governor for the ensuing term ? 
What event occurred in December, 1881) V 



CHAPTER XLVII. 

ADMII^ISTRATION^ OF GOVERNOR STONE. — THE CONSTITU- 
TIONAL CONVENTION. — EDUCATION. — THE UNVEILING OF 
THE CONFEDERATE MONUMENT. — 1890-. 

John M. Stone was inaugurated governor in January, 1890. 
He brought with him an experience of over six years in the 
executive office, acquired at a time Avhen the affairs of the 
commonwealth needed abilit}^ firmness, and conservatism — 
all of which he possessed in a marked degree. 

The legislature at its session in 1890 organized a new 
county, and named it Pearl River C'Ounty. The county site 
is Poplarville. The county was taken chiefly from Hancock. 
About the same territory had been organized some years before 
as Pearl County; but, as the people did not then desire a sepa- 
rate existence, the law was repealed. 

The most important jJolitical occurrence within the State 
since the civil war took place early in Governor Stone^s second 
term — this was the adoption of a new constitution. In various 
sections of the State the matter had been discussed, and it 
was felt that a new organic law should be framed on a plan 
to meet the modern development of her policy. Accordingly 
an act providing for a constitutional convention was approved 
and became law February 5, 1890. It provided for the elec- 
tion of one hundred and thirty-four delegates, and specified 
the object they were called upon to accomplish. 

The delegates to the convention assembled August 12, 1890, 
and organized, with Judge S. S. Calhoun of Hinds County 
as president, and Robert E. Wilson of the same county as 
secretary. Among the members composing the body were 



GOVERNOR STONE'S ADMINISTRATION. 



251 



many legislators of experience, both Federal and State. Al- 
most every interest and calling were represented, and the con- 
vention promised the best attainable results. The most im- 
portant feature of the document proposed by the convention 
as a new organic law concerned the elective franchise. The 
document in full is given in this volume^ and should be care- 
fully studied. 

An ordinance of the convention extended the terms of the 
State officers then serving. Those terms would have expired 
in January, 1894, but they were extended to the first Monday 
in January, 1890. 

The provisions for a liberal support of common schools and 
institutions for higher education were carefully guarded. 
They had existed in the old constitution, and they were thus 
emphasized in the new one. It was framed on the policy that 
education, no matter what its cost may be, is the true basis of 
political economy. 

The census of 1890 showed the population of the State to 
be 1,289,600, and a notable feature was 
the remarkable growth in population of 
the counties in the Mississippi-Yazoo 
Delta. The State did not gain another 
representative in Congress as had been 
hoped. The delegation representing the 
State in the lower House, elected in 1890, 
were, John M. Allen, John 0. Kyle, T. 
C. Catchings, Clarke Lewis, John H. 
Beeman, Thomas E. Stockdale, and 
Charles E. Hooker. 

In June, 1891, there was a grand 
re-union of the United Confederate Vet- 
erans, at the capital. The occasion for the meeting was the 
unveiling of the monument erected and dedicated to the 
Confederate soldiers and sailors of Mississippi who fell in 
the civil war. Ceremonies were held at the Capitol, and 




W. H. McCARDLE. 



2b2 History of Miississippl 

the gi'eut })roces8ioii formed in line of march to the scene 
of the nnveiling. The monnment was erected throngh the 
efforts of the women of the State. The pedestal and shaft, 
abont seventy feet in height, are surmonnted by a statne of 
a C'Onfederate soldiei'. In the vanlt is a life-size fignre of 
the ex-President, Jefferson Davis. The tablet bears the in- 
scription : "To the Confederate dead of Mississippi." The 
ceremony of lifting the veil was performed by Master Jefferson 
Hayes Davis, the grandson of the ex-President. 

In the antnmn of 1891 the price of cotton declined nntil it 
fell below the cost of prodnction. The qnotations were lower 
than they had been for nniny years, and necessarily created 
embarrassments that were keenly felt for several years after- 
ward. Added to this, at the close of the previous session, 
there had been discovered a shortage in the accounts of a 
former State treasurer, amounting to over '1300,000. 

AVhen the legislature met in January, 1892, both United 
States senators were to be elected, and Senators J. Z. George 
and E. C Walthall were reelected as their own successors, 
each for another full term. 

In a message to the legislature, the governor called atten- 
tion to the fact that, of the total indebtedness of the State, 
amounting to 13,375,000, the larger part, 12,433,000, was non- 
payable, and that the interest only needed to be provided for. 
In accordance with his recommendation, it was ordered that 
the payable debt only should thereafter be carried on the 
books. 

The last twelve years have been marked by the growth of 
Mississippi in manufactures, in agriculture, and in commerce ; 
but nowhere has the improvement been so marked, and the 
progress so great, as in the department of education, under 
the charge of that efficient and progressive officer, Hon. J. R. 
Preston, State Superintendent of Public Education. Every 
student of to-day should be impressed with the advantages he 
now enjoys, in order that he may ajjpreciate and profit by 



Education. 



^o;j 



them. The boys and girls who study this ])ook in comfortable 
school-houses, well warmed and lighted, filled with modern 
school furniture and apparatus, and presided over by trained 
teachers, can scarcely appreciate the educational conditions of 
the State a generation or two ago. All these advantages are 
furnished by the j^^ople of the State because they realize that 
the future standing of Mississippi in the Union must depend 
upon the intelligence and intellectual strength of her citizens. 
The contest for mastery in the world is no longer between 
physical forces, but between intellectual foi'ces. The State of 
Mississippi can only sustain her place in the nation by the 
intellectual strength of her people ; and, if the educational 
facilities of to-day are improved, the next generation will enter 
the contest fully equip2:)ed to add new lustre to the fame and 
glory of the State that has given them birth. 

QUESTIONS. 

Who succeeded Governor Lowry ? When was he inaugurated ? What 
important political event took place in Governor Stone's second term ? 
Of how many delegates did the constitutional convention consist ? 
When and where did they meet ? What important provision concerning 
the qualifications of voters was adopted ? Describe the ceremonies of 
unveiling the Confederate monument. What is said of the financial 
embarrassments in 1891-92 ? How were they caused ? What other 
incident added to the financial distress ? What changes were made con- 
cerning the State debt V 



APPEISTDIX. 

PHYSICAL GEOGRAPHY, GEOLOGY, xVND NATURAL 
RESOURCES. 

Surface and Drainage. — The State of Mississippi comprises an area 
of nearly fifty thousand square miles. Much of the surface of the State 
is less than one hundred and fifty feet, and the greater part of its area is 
not more than four hundred feet, above sea-level. Li the northeast, 
where the land is highest, thei'e are a few ridges, or more properly 
heights of land, having an altitude of over eight hundred feet. 

The surface, which is generally undulating, may be divided into two 
kinds — the bottom lands and the bluff lands. The latter are a part of 
the old marine plain uplifted at some age after the coal fields were 
formed ; the former are the wide channels cut in this plain after it had 
been lifted above sea-level. For convenience, we may also include 
among the bottom lands the low coast plain that borders the Gulf of 
Mexico. Let us first consider these bottom lands. 

There is a common impression that the whole extent of the State is a 
succession of bottom lands. This is an error. A large area, it is true, 
consists of low and bottom lands ; but the greater part of the State is 
high above all river flood-plains, and is therefore unaffected by any 
abnormal conduct of the rivers. During the Champlain period, when 
the ice of the glacial epoch was melting, nearly all the streams of the 
Mississippi Valley were enormously large. Their channels then covered 
the present bottom lands, and the bluffs were their banks. After the 
ice disappeared and the supply of water diminished, the streams shrunk 
to their present size, and tlieii- iKnv channels wind in sinuous curves 
along the former bod. Tn iinu' of floods, liowever, the l)a.ck-watei- 
often spreads over the whole width of tlie old bottom, reaching from 
bluff to bluff. The old l)otlom lands in many places are, therefore, 
the flood-plains of the present rivers. Dui-ing successive floods the 
water has levelled the bottom lands, filling all irregularities in the sur- 
face with the sediment brought from the u[)per courses of the rivers. 
The surface of the liottom lands is necessarily low, and in many [daces 
it is channelled by })asses and bayous — streams that leave the main river 



2m HlSTOliY OF MimiSSIPPI. 

and again join it. On both sides of the river there are numerous 
crescent-shaped hikes, which at one time were the main channel. These 
are best known by the name of "cut-olfs." and each was formed when 
the river cut a channel across the narrow neck that separated the ends 
of a loop. 

The most interesting part of the bottom lands is the Mississippi-Yazoo 
delta. This region lies between the Mississij)pi and Yazoo Rivers, and 
comprises about one-seventh of the area of the State. From the bluffs 
on the east side of the Yazoo to those on the west side of the Mississippi 
the distance is about seventy miles ; but this distance diminishes toward 
the north and the south, the bluffs reaching the river near Vicksburg 
and below Memphis. Almost the entire surface is alluvial,* or " made" 
land, and it is one of the most fertile and productive regions in the 
world: sixty bushels of wheat, or two bales of cotton, may be harvested 
from an acre of land in this delta. There is much swamp and marsh 
land along the bottoms. 

The coast plain likewise is generally allnvial, the long, wave-formed 
sandspits along the shore excepted. A part of the coast along the main- 
land is high, skirted by bluffs, and margined by a beach of white sand. 

The higher parts of the State, sometimes called the bluff lands, consist 
mainly of rolling hills and prairies. There is one prairie region extend- 
ing from northwest to southeast across the centre of the State, and another 
in the northeastern part. The latter embraces the drainage basin of the 
Tombigbee Eiver. The strata of these l)luff lands have been but slightly 
disturbed since they were pushed above the waters of a palaeozoic sea. 
The soil of this part of the State is therefore said to be sedentary. 

Geology. — The general geological features of the State arc simple in 
structure. The dips of the sti-ata. are so slight as to be rarely perceptible ; 
in many instances they can be determined only by surface levelling. In 
general, it may be said that they incline away from the Appalachian 
upheavals, the cretaceous belt skirting wliat may be considered the 
last spur radiating from these folds. The strata of the tertiary formations 
also dip slightly, as is shown by the rise of the water obtained in boring 
wells, and by the gradual sinking below the water's edge toward the 
south of the strata exposed along the banks of streams. From this direc- 
tion of the inclination of strata, we should expect to find the highest gen- 
eral elevation of surface in the northeastern part of the State, and topo- 
graphical surveys as well as the stream courses show this to be the fact. 



* From the Latin ad., " to," aiul hiere, " to wash ; " river sedimertt is conunoiily called 
alluvium.'' 



Appendix. 



257 



Students of geology will readily understand the following table, pre- 
pared from the report of Professor Eugene W. Hilgard, formerly of the 
University of Mississippi : 

TABLE OF FORMATIONS. 



FORMA 
TION. 


NAME OP GROUP. 


PRINCIPAL MATERIALS. 


FOSSILS FOUND. 




Alluvium. 


Soils, sandbars, etc. 


Existing plants and minerals. 


c3 


Second bottoms. 


Hammocks. 




i=l 


Yellow loam. 


Brown and yellow brick 




1^" 




clays. 




cS 


Bluff formations. 


Calcareous silt. 




^^ 


Orange sand. 


Sands, pebbles, clays. 
Black, fetid clays. 


Trace of underlying formation. 
Living marine shells. 




Coast Pliocene. 




Grand Gulf group. 


Light-colored clays, white 
sandstones. 


Plants partly extinct. 


&- 


Vicksburg group. 


Marls and limestones. 


Marine animals. 


0> 


Lignitic. 


Black clays. 


Plants lignitic. 


Claiborne group. 


Marls and limestones, sili- 


Marine animals. 


^ 




cious sandstones. 






Northern lignitic. 


Black and gray clays, yel- 


Plants partly extinct. 


f 




low sands. 






Kipley group. 


Marls and limestones, 


Marine animals. 






sandy. 




« . 


Rotten limestone. 


Soft chalky limestones, 


Marine animals. 


-S 




clayey. 




s^ 


Tombigbee sands. 


Greenish micaceous sands. 


Marine animals. 


o 


Eutaw group. 


Dark-colored clays, sand. 


Plants, extinct, lignitic. 


cx r 


Limestone. 


Fetid crystalline limestone. 


Marine animals. 


s§ J 


Limestone. 


Silicious sandstone and 


Marine animals. 


111 




chert. 




5.«§ I 


Black slate. 


Hydraulic limestone. 





Natural Resources. — There are few parts of the world in which the 
conditions of temperature and moisture are as favorable as those found 
in Mississippi, and no better evidence of its healthful climate can be 
adduced than the low rate of mortality. According to official statistics, 
there are thirty- one States in the Union having a higher death rate. 

The average temperature of the three hottest months of the year is 79" 
and during the prevalence of warm waves it rarely rises above 95°. The 
average of the three coldest months is about 40°, and the fiercest winter's 
cold is rarely lower than 12°. Warm and sultry nights are almost un- 
known ; there are scarcely half a dozen nights in the year during which 
one cannot sleep with comfort. The annual rainfall is not far from 
fifty-six inches ; it is slightly heavier in the southern than in the north- 
ern part. The relative humidity averages about seventy-two per cent, 
in summer and sixty-four per cent, in winter. The prevailing winds of 
summer are southeast ; those of winter are northwest. They have some- 
what the character of trade- winds. 
17 



258 



HISTORY OF MmsiSSIPPI. 




REGIONAL MAP 

OF 

MISSISSIPPI. 



Appendix. 259 

The rich soils of the State produce all the cereals, fruits, vegetables, 
and economic plants that thrive in temperate and semi-tropical latitudes. 
Apples, peaches, pears, apricots, nectarines, plums, figs, grapes, and a 
great variety of berries grow in profusion. 

Cotton is the staple crop, and the value of the annual product is about 
twice as great as that of all others combined. Wheat farming is confined 
mainly to the northern part of the State, rice and cane to the southern, 
while cotton, corn, oats, and the grasses grow in all parts of the State. 
A large part of the State is covered with forests. The long-leaved yellow 
pine possesses a great commercial value not only as a source of lumber, 
but also for tar, pitch, and turj^entine. 

Industries. — Agriculture is the leading industry. The acreage planted 
in cotton is steadily increasing, and the annual yield is not far from 
1,250,000 bales. " Truck "' and garden farming has also become a highly 
profitable employment, and many thousand tons of melons, tomatoes, 
and fruits are sent yearly to the large cities of the Northern States. 
The surplus of the fruit crop is now made marketable by preserving, 
and canning factories have sprung into existence all over the State. The 
canning industry has extended to the gulf coast, and large quantities of 
fish, oysters, and shrimp are now very important items of domestic 
export. The dairy products have recently grown to a proportion repre- 
senting a great value, and there are probably a greater number of 
" creameries " in Mississippi than in any other Southern State. Large 
quarries of marble have been discovered, and there is an abundance of 
other durable building stone. In Hinds, Rankin, Adams, and Tisho- 
mingo Counties the quarrying interests have already become a source of 
great profit. 

QUESTIONS. 

"What is said of the extent and position of Mississippi ? What is the slope of the sur- 
face ? Into what two kinds may the land be divided ? What are the bottom lands, 
and how were they formed ? What is said of the moats or crescent-shaped lakes alons 
the bottom lands ? How were they formed ? What common but erroneous impression 
exists concerning the bottom lands ? What is said of the Yazoo delta, its extent, and 
productivity ? How were the bluff lands formed ? Where are the prairie regions of the 
State ? What is the character of the various strata ? (See table.) What is said of the 
dip or inclination of the strata ? How does Mississippi compare with other States in 
respect to climate and natural resources ? What is the average stimmer temperature ? 
Winter temperature ? Rainfall ? Humidity ? Direction of winds ? Name the princi- 
pal crops. What is said about forests and timber products ? What are the leading 
industries ? What of the fruit and vegetable crops ? Of the garden and dairy prod- 
ucts ? Of the quarrying industry ? 



260 



HISTORY OF MISSISSIPPI. 



COUNTIES IN MISSISSIPPI. 



Name. 



Adams 

Alcorn 

Amite 

Attala 

IJenton 

Bolivar 

Calhoun.. ,. 

Carroll 

Chickasaw . , 
Choctaw .... 
Claiborne . . . 

Clarke 

Clay 

Coahoma .... 

Copiah , 

Covington ... 

De Soto 

Franklin ... 

Greene 

Grenada , . . . , 
Hancock .... 
Harrison .... 

Hinds 

Holmes 

Issaquena . . . 
Itawamba . . . 

Jackson 

Jasper 

Jefferson .... 

Jones 

Kemper 

La Fayette . . 
Lauderdale . . 
Lawrence . . . 

Leake 

Lee 

Leflore 

Lincoln 

U'-'Lowndes .... 

Madison 

Marion 

Marshall 

Monroe 



For Whom. 



John Adams 

J. L. Alcorn 

Named by French 

Indian name 

Samuel H. Benton 

General Simon Bolivar . . 

John C. Calhoun 

Charles Carroll 

Indian tribe 

Indian tribe 

W. C. C. Claiborne 

Joshua G. Clarke ....... 

Henry Clay 

Indian name 

Indian name 

General Covington 

Hernando De Soto 

Benjamin Franklin 

General Greene 

Spanish name 

John Hancock 

William II. Harrison. . . 
General Thomas Hinds . 
Governor David Holmes. 

Indian name 

Indian name 

General Andrew Jackson 

Sergeant Jasper 

Thomas Jefferson 

John Paul Jones. ....... 

Colonel Keuben Kemper. 
Marquis de la Fayette . . . 

Colonel Lauderdale 

Captain Lawrence 

Governor Leake 

General Robert E. Lee , . 
Greenwood Le Flore ... 

Abraham Lincoln 

William Lowndes 

James Madison 

General Francis Marion . 

John Marshall 

James Monroe 



County Site. 



Natchez 

Corinth .... 

Liberty 

Kosciusko . . 
Ashland .... 
Rosedale . . . 
Pittsboro' . . 
Carrollton . . 
Houston. . . . 

Chester 

Port Gibson 
Quitman . . . 
West Point . 
Friar's Point 
llazlehurst . 
Williamsburg 
Hernando . 
Meadville. . 
Leakesville 
Grenada. . . 
Bay St. Louis 
MississippiCity 
Raymonil. . . 
Lexington . . 
Mayersville 

Fulton 

Scranton . . 
Paulding . . 

Favette 

Ellisville . . . 
DeKalb . . 

Oxford 

Meridian . . . 
Monticello. . 
Carthage . . . 

Tupelo 

Greenwood . 
Brookhaven 
Columbus . . 

Canton 

Columbia. . . 
Holly Springs 
Aberdeen. . . . 



When 
Estab- 
lished 



1799 
1870 
1809 
1883 
1870 
1836 
1852 
1833 
1836 
1833 
1802 
1833 
1871 
1836 
1824 
1819 
1836 
1809 
1811 
1870 
1812 
1841 
1821 
1833 
1844 
1836 
1812 
1833 
1802 
1826 
1833 
1836 
1833 
1814 
1833 
1866 
1871 
1870 
1830 
1828 
1811 
1836 
1821 



Popula- 
tion, 



Appendix. 



261 



COUNTIES IN MISSISSIPPI.— (/ow^mwe^. 



Name. 



Montgomery. 

Neshoba 

Newton 

Noxubee 

Oktibbeha . . . 

Panola 

Pearl River. . 

Perry 

Pike 

Pontotoc . . . . 

Prentiss 

Quitman . . . . 

Rankin 

Scott 

Sharkey 

Simpson . . . , 

Smith 

Sunflower . . . 
Tallahatchie . 

Tate 

Tippah 

Tishomingo . 

Tunica 

Union 

Warren . . . , 
Wasliington . 

Wayne 

Webster .... 
Wilkinson . . 
Winston . . . 
Yalobusha. . . 
Yazoo , 



For Whom. 



Richard Montgomery 

Indian name 

Sir Isaac Newton . . 

Indian name 

Indian name 

Indian name 

Pearl River 

Commodore Perry 

General Pike 

Indian name 

S. S. Prentiss 

John A. Quitman 

Christopher Rankin 

Governor Abram M. Scott. 

Governor Sharkey 

Josiah Simpson 

Major David Smith 



Indian name 

Colonel Tate 

Indian name 

Indian name 

Indian name 

Union 

General Warren 

George Washington 

General Antliony Wayne 

Daniel Webster 

General Wilkinson 

Colonel Winston 

Indian name 

Indian name 



County Site. 



Winona 

Philadelphia 
Decatur . . . 
Macon .... 
Starkville . 
Sardis .... 
Poplarville 
Augusta . . . 
Magnolia . . 
Pontotoc . . 
Booneville . 

Belen 

Brandon . . 

Forest 

Rolling Fork 
Westville . 
Raleigh . 
Indianola . 
Charleston 
Senatobia . 
Kipley ... 

luka 

Austin . . . 
New Albany 
Vicksburg 
Greenville 
Waynesboro' 
Walthall . . 
Woodville . 
Louisville . 
Coflfeeville . 
Yazoo City 



When 
Estab- 
lished. 



1871 
1833 
1886 
1838 
1833 
1836 
1890 
1820 
1815 
1836 
1870 
1877 
1838 
1838 
1876 
1824 
1838 
1844 



1873 
1836 
1836 
1836 
1870 
1809 
1827 
1809 
1874 
1802 
1833 
1838 
1823 



Popula- 
tion, 
1890. 



14,459 
11,146 
16,625 
27,338 
17,694 
26,977 

2,957 

6,494 
21,203 
14,940 
18,679 

3,286 
17,922 
11,740 

8,382 
10,138 
10,635 

9,384 
14,361 
19,253 
12,951 

9,302 
12,158 
15,606 
33,164 
40,414 

9,817 
12,060 
17,592 
12,089 
16,629 
36,394 



262 HISTORY OF MiSSISSIPPL 



GOVERNORS OF MISSISSIPPI. 

TERRITORIAL GOVERNORS. 

Winthrop Sargent 1798 

W. C. C' Claiborne 1801 

Robert Williams 1805 

David Holmes 1809 

GOVERNORS OF THE STATE. 

David Holmes 1817 

George Poindexter 1820 

Walter Leake (died) 1822 

Acting-Governor, Gerard C. Brandon. 
David Holmes (resigned) 1826 

Acting-Governor, Gerard C. Brandon. 

Gerard C. Brandon 1828 

Abram M. Scott (died) 1832 

Acting-Governor, Fountain Winston. 

Hiram G. Runnels 1834 

Charles Lynch 1836 

Alexander G. McNutt 1838 

Tilghman M. Tucker 1842 

Albert G. Brown 1844 

Joseph W. Matthews 1848 

John A. Quitman (resigned) 1850 

Acting-Governors, John I. Guion, Robert Whitfield. 

Henry Stuart Foote 1852 

John J. McRae 1854 

William McWillie 1858 

John J. Pettus 1860 

Charles Clark 1864 

William L. Sharkey (Provisional) 1865 

Benjamin G. Humphreys 1865 

Adelbert Ames (Military) 1868 

James L. Alcorn 1870 

R. C. Powers 1871 

Adelbert Ames 1874 

John M. Stone 1876 

Robert Lowry 1882 

Jolin M. Stone 1890 



THE CONSTITUTION OF 
THE STATE OF MISSISSIPPI, 



ADOPTED NOVEMBER 1, A. D. 1890. 



We, the people of Mississippi, in convciitioii assembled, grateful to 
Almighty God, and invoking his blessing on our work, do ordain 
and establish this constitution. 



ARTICLE I. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the government of the State of Mississippi 
shall be divided into three distinct departments, and each of them con- 
fided to a separate magistracy, to wit: those which are legislative to 
one; those which are judicial to another; and those which are executive 
to another. 

Section 2. No person or collection of persons, being one, or belonging 
to one, of these departments, shall exercise any power properly belong- 
ing to either of the others. The acceptance of an office in either of said 
departments shall, of itself, and at once, vacate any and all offices held 
by the person so accepting in either of the other departments. 

ARTICLE II. 

BOUNDARIES OF THE STATE. 

Section 3. The limits and boundaries of the State of Mississippi are 
as follows, to wit: Beginning on the Mississippi River (meaning thereby 



ii CONSTITUTION^OF THE 

the centre of said river or thread of the stream) where the southern 
boundary line of the State of Tennessee strikes the same, as run by B. A. 
Ludlow, D. W. Connelly, and W. Petrie, commissioners ajjpointed for 
that purpose on the part of the State of Mississippi in a.d. 1837, and 
J. D. Graham and Austin Miller, commissioners appointed for that 
purpose on the part of the State of Tennessee ; thence east along the 
said boundary line of the State of Tennessee to a point on the west bank 
of the Tennessee Eiver, six four-pole chains south of and above the mouth 
of Yellow Creek; thence up the said river to the mouth of Bear Creek; 
thence by a direct line to what was formerly the northwest corner of the 
county of Washington, Alabama; thence on a direct line to a point ten 
miles east of the Paseagoula River on the Gulf of Mexico ; thence west- 
wardly, including all the islands within six leagues of the shore, to the 
most eastern junction of Pearl River with Lake Borgne ; thence up said 
Pearl River to the thirty-first degree of north latitude ; thence west 
along said degree of latitude to the middle or thread of the stream of the 
Mississippi River; thence up the middle of the Mississippi River, or 
thread of the stream, to the place of beginning, including all islands 
lying east of the thread of the stream of said river, and also including 
all lands which were at any time heretofore a part of this State. 

Section 4. The legislature shall have power to consent to the acquisi- 
tion of additional territory by this State and to make the same a part 
thereof; and the legislature may settle disputed boundaries between 
this State and its coterminous States whenever such disputes arise. 

ARTICLE III. 

BILL OF RIGHTS. 

Section 5. All political power is vested in, and derived from, the peo- 
ple ; all government of right originates with the people, is founded upon 
their will only, and is instituted solely for the good of the whole. 

Section 6. The people of this State have the inherent, sole, and exclu- 
sive right to regulate the internal government and police thereof, and to 
alter and abolish their constitution and form of government whenever 
they may deem it necessary to their safety and happiness ; provided, 
such change be not repugnant to the Constitution of the United States. 

Section 7. The right to withdraw from the Federal Union, on account 
of any real or supposed grievance, shall never be assumed by this State, 
nor shall any law be passed in derogation of the paramount allegiance of 
the citizens of this State to the government of the United States. 



State of Mississippi. iii 

Section 8. All persons resident in this State, citizens of tlie United 
States, are hereby declared citizens of the State of Mississippi. 

Section 9. The military shall be in strict subordination to the civil 
power. 

Section 10. Treason against the State shall consist only in levying war 
against the same or in adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

Section 11. The right of the people peaceably to assemble and petition 
the government on any subject shall never be impaired. 
• Section 12. The right of every citizen to keep and bear arms in defence 
of his home, person, or property, or in aid of the civil power when thereto 
legally summoned, shall not be called in question; but the legislature 
may regulate or forbid carrying concealed weapons. 

Section 13. The freedom of speech and of the press shall be held 
sacred, and in all prosecutions for libel the truth may be given in 
evidence, and the jury shall determine the law and the facts under the 
direction of the court; and if it shall appear to the jury that the matter 
charged as libellous is true, and was published with good motives and for 
justifiable ends, the party shall be acquitted. 

Section 14. No person shall be deprived of life, liberty, or property, 
except by due process of law. 

Section 15. There shall be neither slavery nor involuntary servitude 
in this State, otherwise than in the punishment of crime, whereof the 
party shall have been duly convicted. 

Section 16. Ex post facto laws, or laws impairing the obligation of 
contracts, shall not be passed. 

Section 17. Private property shall not be taken or damaged for public 
use except on due compensation being first made to the owner or owners 
thereof, in a manner to be prescribed by law ; and whenever an attempt 
is made to take private property for a use alleged to be public, the ques- 
tion whether the contemplated use be public shall be a judicial ques- 
tion, and as such determined without regard to legislative assertion that 
the use is public. 

Section 18. No religious test as a qualification for office shall be 
required ; and no preference shall be given by law to any religious sect, 
or mode of worship ; but the free enjoyment of all religious sentiments 
and the difl'erent modes of worship shall be held sacred. The rights 
hereby secured shall not be construed to justify acts of licentiousness 
injurious to morals or dangerous to the peace and safety of the State, or 
to exclude the Holy Bible from use in any pu})lic school of this State. 



iv Constitution 'OF the 

Section 10. Human life shall not be imperilled by the practice of duel- 
ling ; and any citizen of this State who shall hereafter fight a duel, or 
assist in the same as second, or send, accept, or knowingly carry a 
challenge therefor, whether such act be done in the State or out of it, or 
who shall go out of the State to fight a duel, or to assist in the same as 
second, or to send, accept, or carry a challenge, shall be disqualified from 
holding any office under this constitution, and shall be disfranchised. 

Section 20. No person shall be elected or appointed to office in this 
State for life or during good behavior, but the term of all offices shall be 
for some specified period. 

Section 21. The priA^ilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of rebellion or invasion, the public safety 
may require it, nor ever without the authority of the legislature. 

Section 22. No person's life or liberty shall be twice placed in jeopardy 
for the same offence ; but there must be an actual acquittal or conviction 
on the merits to bar another prosecution. 

Section 23. The people shall be secure in their persons, houses, and 
possessions, from unreasonable seizure or search ; and no warrant shall 
be issued without probable cause, supported by oath or affirmation, 
specially designating the place to be searched and the person or thing to 
be seized. 

Section 24. All courts shall be open ; and every person for an injury 
done him in his lands, goods, person, or reputation, shall have remedy by 
due course of law, and right and justice shall be administered without 
sale, denial, or delay. 

Section 25. No person shall be debarred from prosecuting or defend- 
ing any civil cause, for or against him or herself, before any tribunal in 
this State, by him or herself, or counsel, or both. 

Section 26. In all criminal prosecutions the accused shall have a right 
to be heard by himself or counsel, or both, to demand the nature and 
cause of the accusation, to be confronted by the witnesses against him, 
to have compulsory process for obtaining witnesses in his favor, and in 
all prosecutions by indictment or information, a speedy and public trial 
by an impartial jury of the county where the offence was committed ; 
and he shall not be compelled to give evidence against himself ; but in 
prosecutions for rape, adultery, fornication, sodomy, or the crime against 
nature, the court may in its discretion exclude from the court room all 
persons except such as are necessary in the conduct of the trial. 

Section 27. No person shall, for any indictable offence, be proceeded 
against criminally by information, except in cases arising in the land or 
naval forces, or the militia when in actual service, or by leave of the 



State of Mississippi. v 

court for misdemeanor in office ; but the legislature, in cases not punish- 
able by death or by imprisonment in the penitentiary, may dispense with 
the inquest of the grand jury, and may authorize prosecutions before 
justices of the peace, or such other inferior court or courts as may be 
established, and the proceedings in such cases shall be regulated by law. 

Section 28. Cruel or unusual punishment shall not be inflicted, nor 
excessive fines be imposed. 

Section 29. Excessive bail shall not be required; and all persons shall, 
before conviction, be bailable by sufficient sureties, except for capital 
offences when the proof is evident or presumption great. 

Section 30. There shall be no imprisonment for debt. 

Section 31. The right of trial by jury shall remain inviolate. 

Section 32. The enumeration of rights in this constitution shall not 
be construed to deny or impair others retained by, and inherent in, the 
people. 

ARTICLE IV. 

legislative department. 

Section 33. The legislative power of this State shall be vested in the 
legislature, which shall consist of a senate and a house of representa- 
tives. 

Section 34. The house of representatives shall consist of members 
chosen every four years by the qualified electors of the several counties 
and representative districts. 

Section 35. The senate shall consist of members to be chosen every 
four years by the qualified electors of the several districts. 

Section 36. The legislature shall meet at the seat of government in 
regular session, on the first Tuesday after the first Monday in January 
of the year a.d. 1892, and every four years thereafter; and in special 
session on the first Tuesday after the first Monday in January of the 
year a.d. 1894, and every four years thereafter, unless sooner convened 
by the governor. The special sessions shall not continue longer than 
thirty days unless the governor, deeming the public interest to require 
it, shall extend the sitting, by proclamation in writing, to be sent to and 
entered upon the journals of each house, for a specific number of days, 
and then it may continue in session to the expiration of that time. At 
such special sessions the members shall receive not more compensation 
or salary than ten cents mileage, and a per diem of not exceeding five 
dollars ; and none but appropriation and revenue bills shall be consid- 



vi Constitution of the 

ered, except such other matters as may be acted upon at an extraordinary 
session called by the governor. 

Section 37. Elections for members of the legislature shall be held in 
the several counties and districts as provided by law. 

Section 38. Each house shall elect its own officers, and shall judge of 
the qualifications, return, and election of its own members. 

Section 39. Tlio senate shall choose a president pro tempore to act in 
the absence or disability of its presiding officer. 

qualifications and privileges of legislators. 

Section 40. Members of the legislature before entering upon the dis- 
charge of their duties shall take the following oath: "I, , do 

solemnly swear (or affirm) that I will faithfully support the Constitution 
of the United States and of the State of Mississippi ; that I am not dis- 
qualified from liolding office by the constitution of this State; that I will 
faithfully discharge my duties as a legislator; that I will, as soon as 
practicable hereafter, carefully read (or have read to me) the constitution 
of this State, and will endeavor to note, and, as a legislator, to execute 
all the requirements thereof imposed on the legislature ; and I will not 
vote for any measure or person because of a promise of any other mem- 
ber of this legislature to vote for any measure or person, or as a means 
of influencing him or them so to do. So help me God." 

Section 41. No person shall be a member of the house of representa- 
tives who shall not have attained the age of twenty-one years, and who 
shall not be a qualified elector of the State, and who shall not have been 
a resident' citizen of the State four years, and of the county two years, 
immediately preceding his election. The seat of a member of the house 
of representatives shall be vacated on his removal from the county or 
riotorial district from which he was elected. 

Se(^tion 42. No person shall be a senator who shall not have attained 
the age of twenty-five years, who shall not have been a qualified elector 
of the State four years, and who shall not be an actual resident of the 
district or territory he may be chosen to represent, for two years before 
his election. The seat of a senator shall be vacated upon his removal 
from the district from which he was elected. 

Section 43. No person liable as principal for public moneys unac- 
counted for shall be eligible to a seat in either house of the legislature, 
or to any office of profit or trust, until he shall have accounted for and 
paid over all sums for which he may have been liable. 

Section 44. No person shall be eligible to a seat in either house of the 



STATE OF Mississippi. vii 

legislature, or to any ofRce of profit or trust, who shall have been con- 
victed of bribery, perjury, or other infamous crime; and any person who 
shall have been convicted of giving, or offering, directly or indirectly, 
any bribe to procure his election or appointment; and any person who 
shall give or offer any bribe to procure the election or appointment of 
any person to office, shall, on conviction thereof, be disqualified from 
holding any office of profit or trust under the laws of this State. 

Section 45. No senator or representative during the term for which 
he was elected shall be eligible to any office of profit which shall have 
been created, or the emoluments of which have been increased, during 
the time such senator or representative was in office, except to such 
offices as may be filled by an election of the people. 

Section 46. The members of the legislature shall severally receive 
from the State treasury compensation for their services, to be prescribed 
by law, which may be increased or diminished, but no alteration of such 
compensation of members shall take effect during the session at which it 
is made. 

Section 47. No member of the legislature shall take any fee or reward, 
or be counsel in any measure pending before either house of the legisla- 
ture, under penalty of forfeiting his seat, upon proof thereof to the satis- 
faction of the house of which he is a member. 

Section 48. Senators and representatives shall in all cases, except 
treason, felony, theft, or breach of the peace, be privileged from arrest 
during the session of the legislature, and for fifteen days before the com- 
mencement and after the termination of each session. 



trial of officers, etc 

Section 49. The house of representatives shall have the sole power of 
impeachment; but two-thirds of all the members present must concur 
therein. All impeachments shall be tried by the senate, and, when sitting 
for that purpose, the senators shall be sworn to do justice according to 
law and the evidence. 

Section 50. The governor, and all other civil officers of this State, 
shall be liable to impeachment for treason, bribery, or any high crime or 
misdemeanor in office. 

Section 51. Judgment in such cases shall not extend further than re- 
moval from office, and disqualification to hold any office of honor, trust, 
or profit in this State; but the party convicted shall, nevertheless, be 
subject to indictment, trial, judgment, and punishment according to law. 

Section 52. When the governor shall be tried, the chief justice of the 



viii CONSTITUTION' OF THE 

supreme court shall preside ; and when the chief justice is disabled, dis- 
qualified, or refuses to act, the judge of the supreme court, next oldest 
in commission, shall preside ; and no person shall be convicted without 
the concurrence of two-thirds of all the senators present. 

Section 53, For reasonable cause, which shall not be sufficient ground 
of impeachment, the governor shall, on the joint address of two-thirds 
of each branch of the legislature, remove from office the judges of the 
supreme and inferior courts; but the cause or causes of removal shall be 
spread on the journal, and the party charged be notified of the same and 
have an opportunity to be heard by himself or counsel, or both, before 
the vote is finally taken and decided. 

RULES OF PROCEDURE. 

Section 54. A majority of each house shall constitute a quorum to do 
business; but a less number may adjourn from day to day, and compel 
the attendance of absent members in such manner and under such pen- 
alties as each shall provide. 

Section 55. Each house may determine rules of its own proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds of the members present, expel a member; but no member, 
unless expelled for theft, bribery, or corruption, shall be expelled a sec- 
ond time for the same offence. Both houses shall, from time to time, 
publish journals of their proceedings, except such parts as may in their 
opinion require secrecy; and the yeas and nays, on any question, shall 
be entered on the journal, at the request of one-tenth of the members 
present; and the yeas and nays shall be entered on the journal on the 
final passage of every bill. 

Section 56. The style of the laws of the State shall be: " Be it enacted 
by the legislature of the State of Mississippi." 

Section 57. Neither house shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place than that in which 
the two houses shall be sitting. 

Section 58. The doors of each house, when in session, or in committee 
of the whole, shall be kept open, except in cases which may require 
secrecy ; and each house may punish, by fine and imprisonment, any 
person not a member who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behavior in its presence, or who shall in 
any way disturb its deliberations during the session ; but such impris- 
onment shall not extend beyond the final adjournment of that session. 

Section 59. Bills may originate in either house and be amended or 



State of Mississippi. ix 

rejected in the other ; and every bill shall be read on three different days 
in each house, unless two-thirds of the house where the same is pending^ 
shall dispense with the rules : and every bill shall be read in full imme- 
diately before the vote on its final passage; and every bill, having passed 
both houses, shall be signed by the president of the senate and the 
speaker of the house of representatives, in open session ; but, before 
either shall sign any bill, he shall give notice thereof, suspend business 
in the house over which he presides, have the bill read by its title, and 
on the demand of any member have the bill read in full ; and all such 
proceedings shall be entered on the journal. 

Section 60. No bill shall be so amended in its passage through either 
house as to change its original purpose, and no law shall be passed except 
by bill ; but orders, votes, and resolutions of both houses afEecting the 
prerogatives and duties thereof, or relating to adjournment, to amend- 
ments to the constitution, to the investigation of public officers, and the 
like, shall not require the signature of the governor; and such resolu- 
tions, orders, and votes may empower legislative committees to admin- 
ister oaths, to send for persons and papers, and generally make legislative 
investigations effective. 

Section 61. No law shall be revived or amended by reference to its 
title only, but the section or sections as amended or revived shall be 
inserted at length. 

Section 62. No amendment to bills by one house shall be concurred in 
by the other, except by a vote of a majority thereof, taken by yeas and 
nays, and the names of those voting for and against recorded upon the 
journals ; and reports of committees of conference shall in like manner 
be adopted in each house. 

Section 63. No appropriation bill shall be passed by the legislature 
which does not fix definitely the maximum sum thereby authorized to be 
drawn from the treasury. 

Section 64. No bill passed after the adoption of this constitution to 
make appropriations of money out of the State treasury, shall continue 
in force more than six months after the meeting of the legislature at its 
next regular session ; nor shall such bill be passed except by the votes of 
a majority of all the members elected to each house of the legislature. 

Section 65. All votes on the final passage of any measure shall be 
subject to reconsideration for at least one whole legislative day, and no 
motion to reconsider such vote shall be disposed of adversely on the day 
on which the original vote was taken, except on the last day of the 
session. 

Section 66. No law granting a donation, or gratuity, in favor of any 



X CONSTITUTION" OF THE 

person or object, shall be enacted, except by the concurrence of two-thirds 
of each branch of the legislature, nor by any vote for a sectarian purpose 
or use. 

Section 67. No new bill shall be introduced into either house of the 
legislature during the last three days of the session. 

Section G8. Appropriation and i-evenue bills shall, at regular sessions 
of the legislature, have precedence in both houses over all other business, 
and no such bills shall be passed during the last five days of the session. 

Section 69. General appropriation V)ills shall contain only the appro- 
priations to defray the ordinary expenses of the executive, legislative, 
and judicial departments of the government, to pay interest on State 
bonds, and to support the common schools. All other appropriations 
shall be made by separate bills, each embracing but one subject. Legis- 
lation shall not be engrafted on appropriation bills, but the same may 
prescribe the conditions on which the money may be drawn, and for what 
purposes paid. 

Section 70. No revenue bill nor any bill providing for assessments of 
property for taxation shall become a law, except by a vote of at least 
three-fifths of the members of each house present and voting. 

Section 71. Every bill introduced into the legislature shall have a 
title, and the title ought to indicate clearly the subject matter, or matters, 
of the proposed legislation. Each committee to which a bill may be 
referred shall express in writing its judgment of the sufficiency of the 
title of the bill, and this, too, whether the recommendation be that the 
bill do pass or do not pass. 

Section 72. Every bill which shall pass both houses shall be pre- 
sented to the governor of the State. If he approve, he shall sign it; but, 
if he does not approve, he shall return it, with his objection, to the house 
in which it originated, which shall enter the objections at large upon its 
journal, and proceed to reconsider it. If, after such reconsideration, 
two-thirds of that house shall agree to pass the bill, it shall be sent, with 
the objections, to the other house, by which, likewise, it shall be recon- 
sidered, and, if approved by two-thirds of that house, it shall become a 
law ; but in all such cases, the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the governor within five days (Sunday 
excepted) after it has been presented to him, it shall become a law, in 
like manner as if he had signed it, unless the legislature, by adjourn- 
ment, prevent its return ; in which case it shall be a law, unless sent 
back within three days after the beginning of the next session of the 



State of mississtppi. xi 

legislature. No bill shall be approved when the legislature is not in 
session. 

Section 73. The governor may veto parts of any appropriation bill, 
and approve parts of the same, and the portions approved shall be law. 

Section 74. No bill shall become a law until it shall have been referred 
to a committee of each house and returned therefrom with a recommen- 
dation in writing. 

Section 75. No law of a general nature, unless therein otherwise 
provided, shall be enforced until sixty days after its passage. 

Section 70. In all elections by the legislature the members shall vote 
viva voce, and the votes shall be entered on the journals. 

Section 77. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislature, and the persons 
thereupon cliosen shall hold their seats for the unexpired term. 

injunctions. 

Section 78. It shall be the duty of the legislature to regulate hj law 
the cases in which deductions shall be made from salaries of public 
officers for neglect of official duty, and the amount of said deduction. 

Section 79. The legislature shall provide by law for the sale of all 
delinquent tax lands. The courts shall apply the same liberal principles 
in favor of such titles as in sale by execution. The right of redemption 
from all sales of real estate for the non-payment of taxes, or special 
assessments, of any and every character whatsoever, shall exist, on con- 
ditions to be prescribed by law, in favor of owners and persons interested 
in such real estate, for a period of not less than two years. 

Section 80. Provision shall be made by general laws to prevent the 
abuse by cities, towns, and other municipal corporations of their powers 
of assessment, taxation, borrowing money, and contracting debts. 

Section 81. The legislature shall never authorize the permanent ob- 
struction of any of the navigable waters of this State, but may provide 
for the removal of such obstructions as now exist, whenever the public 
v^elfare demands ; this section shall not prevent the construction, under 
proper authority, of drawbridges for railroads, or other roads, nor the 
construction of " booms and chutes " for logs in such manner as not to 
prevent the safe passage of vessels, or logs, under regulations to be pro- 
vided by law. 

Section 82. The legislature shall fix the amount of the penalty of all 
official bonds, and may, as far as practicable, provide that the whole or a 
part of the security required for the faithful discharge of official duty 
shall be made by some guarantee company or companies. 



xii Constitution of the 

Section 83. The legislature shall enact laws to secure the safety of 
persons from fires in hotels, theatres, and other public places of resort. 

Section 84. The legislature shall enact laws to limit, restrict, or pre- 
vent the acquiring and holding of land in this State by non-resident 
aliens, and may limit or restrict the acquiring or holding of lands by 
corporations. 

Section 85. The legislature shall provide by general law for the work- 
ing of public roads by contract or by county prisoners, or both. Such 
law may be put in operation only by a vote of the board of supervisors 
in those counties where it may be desirable. 

Section 86. It shall be the duty of the legislature to provide by law 
for the treatment and care of the insane ; and the legislature may pro- 
vide for the care of the indigent sick in the hospitals in the State. 

LOCAL LEGISLATION. 

Section 87. No special or local law shall be enacted for the benefit of 
individuals or corporations in cases which are or can be provided for by 
a general law, or where the relief sought can be given by any court of 
this State ; nor shall the operation of any general law be suspended by 
the legislature for the benefit of any individual or private corporation or 
association, and in all cases where a general law can be made applicable, 
and would be advantageous, no special law shall be enacted. 

Section 88. The legislature shall pass general laws, under which local 
and private interests shall be provided for and protected, and under 
which cities and towns may be chartered and their charters amended, 
and under which corporations may be created, organized, and tlieir acts 
of incorporation altered ; and all such laws shall be subject to repeal or 
amendment. 

Section 89. There shall be appointed in each house of the legislature a 
standing committee on local and private legislation ; the house commit- 
tee to consist of seven representatives, and the senate committee of five 
senators. No local or private bill shall be passed by either house until it 
shall have been referred to said committee thereof, and shall have been 
reported back with a recommendation in writing that it do pass, stating 
affirmatively the reasons therefor, and why the end to be accomplished 
should not be reached by a general law, or by a proceeding in court ; or 
if the recommendation of the committee be that the bill do not pass, 
then it shall not pass the house to which it is so reported unless it be 
voted for by a majority of all the members elected thereto. If a bill is 
passed in conformity to the requirements hereof, other than such as are 



State of Mississippi. xiii 

prohibited in the next section, the courts shall not, bei;ause of its local, 
special, or private nature, refuse to enforce it. 

Section 90. The legislature shall not pass local, private, or special laws 
in any of the following enumerated cases, but such matters shall be pro- 
vided for only by general laws, viz. : 

{a) Granting divorces. 

(&) Changing the names of persons, places, or corporations. 

(c) Providing for changes of venue in civil and criminal cases. 

{d) Regulating the rate of interest on money. 

(e) Concerning the settlement or administration of any estate, or the 
sale or mortgage of any property, of any infant, or of a person of un- 
sound mind, or of any deceased person. 

(/) The removal of the disability of infancy. 

{g) Granting to any person, corporation, or association, the right to 
have any ferry, bridge, road, or fish-trap. 

(A) Exemption of property from taxation, or from levy or sale. 

(^) Providing for the adoption or legitimation of children. 

{j) Changing the law of descent and distribution. 

{k) Exempting any person from jury, road, or other civil duty (and 
no person shall be exempted therefrom by force of any local or private 
law). 

(/) Laying out, opening, altering, and working roads and highways. 

{m) Vacating any road or highway, town plat, street, alley, or public 
grounds. 

ill) Selecting, drawing, summoning, or empanelling grand or petit 
juries. 

(o) Creating, increasing, or decreasing the fees, salary, or emoluments 
of any public officer. 

{p) Providing for the management or support of any private or com- 
mon school, incorporating the same, or granting such school any privi- 
leges. 

iq) Relating to stock laws, water-courses, and fences. 

(r) Conferring the power to exercise the right of eminent domain, or 
granting to any person, corporation, or association the right to lay down 
railroad tracks, or street car tracks, in any other manner than that pre- 
scribed by general law. 

(s) Regulating the practice in courts of justice. 

{t) Providing for the creation of districts for the election of justices of 
the peace and constables. 

{u) Granting any lands under control of the State to any person or cor- 
poration. 



xiv Constitution of the 



PROHIBITIONS. 

Section 91. The legislature shall not enact any law for one or more 
counties, not applicable to all the counties in the State, increasing the 
uniform charge for the registration of deeds, or regulating costs and 
charges and fees of officers. 

Section 92. The legislature shall not authorize payment to any person 
of the salary of a deceased officer beyond the date of his death. 
■■ Section 93. The legislature shall not retire any officer on pay, or part 
pay, or make any grant to such retiring officer. 

Section 94. The legislature shall never create by law any distinction 
between the rights of men and women to acquire, own, enjoy, and dis- 
pose of property of all kinds, or their power to contract in reference 
thereto. Married women are hereby fully emancipated from all disa- 
bility on account of coverture. But this shall not prevent the legislature 
from regulating contracts between husband and wife ; nor shall the 
legislature be prevented from regulating the sale of homesteads. 

Section 95. Lands belonging to, or under the control of, the State 
shall never be donated directly, or indirectly, to private corporations or 
individuals, or to railroad companies. Nor shall such land be sold to 
corporations or associations for a less price than that for which it is sub- 
ject to sale to individuals. This, however, shall not prevent the legisla- 
ture fi-om granting a right of way, not exceeding one hundred feet in 
width, as a mere easement, to railroads across State land, and the legis- 
lature shall never dispose of the land covered by said right of way so 
long as such easement exists. 

Section 96. The legislature shall never grant extra compensation, fee, 
or allowance to any public officer, agent, servant, or contractor, after 
service rendered, or contract made, nor authorize payment, or part pay- 
ment, of any claim under any contract, not authorized by law ; but 
appropriations may be made for expenditures in repelling invasion, pre- 
venting or suppressing insurrections. 

Section 97. The legislature shall have no power to revive any remedy 
which may have become barred by lapse of time, or by any statute of 
limitation of this State. 

Section 98. No lottery shall ever be allowed, or be advertised by news- 
papers, or otherwise, or its tickets be sold in this State ; and the legisla- 
ture shall provide by law for the enforcement of this provision ; nor 
shall any lottery heretofore authorized be permitted to be drawn or its 
tickets sold. 

Section 99. The legislature shall not elect any other than its own 



State of Mississippi. xv 

officers. State librarian, and United States senators ; but this section 
shall not prohibit the legislature from appointing presidential electors. 

Section 100. No obligation or liability of any person, association, or 
corporation held or owned by this State, or levee board, or any county, 
city, or town thereof, shall ever be remitted, released, or postponed, or in 
any way diminished by the legislature, nor shall such liability or obliga- 
tion be extinguished except by payment thereof into the proper treasury; 
nor shall such liability or obligation be exchanged or transferred except 
upon payment of its face value ; but this shall not be construed to pre- 
vent the legislature from providing by general law for the compromise 
of doubtful claims. 

Section 101. The seat of government of the State shall be at the city 
of Jackson, and shall not be removed or relocated without the assent of 
a majority of the electors of the State. 

MISCELLANEOUS. 

Section 102. All general elections for State and county officers shall 
commence and be holden every four years, on the first Tuesday after the 
first Monday in November, until altered by law ; and the electors, in all 
cases except in cases of treason, felony, and breach of the peace, shall be 
privileged from arrest during their attendance at elections and in going 
to and returning therefrom. 

Section 103. In all cases not otherwise provided for in this constitu- 
tion, the legislature may determine the mode of filling all vacancies, in 
all offices, and in cases of emergency provisional appointments may be 
made by the governor, to continue until the vacancy is regularly filled ; 
and the legislature shall provide suitable compensation for all officers, 
and shall define their respective powers. 

Section 104. Statutes of limitation in civil cases shall not run against 
the State, or any subdivision or municipal corporation thereof. 

Section 105. The legislature shall provide for the enumeration of the 
whole number of inhabitants, and the qualified electors of the State, 
once in every ten years ; and the first enumeration shall be made during 
the tw^o months beginning on the first Monday of June, 1895, and the 
legislature shall provide for the same by law. 

Section 106. There shall be a State librarian, to be chosen by the 
legislature, on joint vote of the two houses, to serve for four years, 
whose duties and compensation shall be prescribed by law. Any woman, 
a resident of the State four years, and who has attained the age of twenty 
years, shall be eligible to said office. 



xvi Constitution of the 

Section 107. All stationery, printing, paper, and fuel, used by the 
legislature and other departments of the government, shall be furnished ; 
and the printing and binding of the laws, journals, department reports, 
and other printing and binding, and the repairing and furnishing the 
halls and rooms used for the meeting of the legislature, and its commit- 
tees, shall be performed under contract, to be given to the lowest respon- 
sible bidder, below such maximum and under such regulations as may be 
prescribed by law. No member of the legislature or officer of any depart- 
ment shall be in any way interested in such contract ; and all such con- 
tracts shall be subject to the approval of the governor and State treas- 
urer. 

Section 108. Whenever the legislature shall take away the duties per- 
taining to any office, then the salary of the officer shall cease. 

Section 109. No public officer or member of the legislature shall be 
interested directly or indirectly in any contract with the State, or any 
district, county, city, or town thereof, authorized by any law passed or 
order made by any board of which he may be or may have been a mem- 
ber, during the term for which he shall have been chosen, or within one 
year after the expiration of such term. 

Section 110. The legislature may provide, by general law, for con- 
demning rights of way for private roads, where necessary for ingress 
and egress by the party applying, on due compensation being first made 
to the owner of the property ; but such rights of way shall not be pro- 
vided for in incorporated cities and towns. 

Section 111. All lands comprising a single tract sold in pursuance of 
decree of court, or execution, shall be first offered in subdivisions not 
exceeding one hundred and sixty acres, or one-quarter section, and then 
offered as an entirety, and the price bid for the latter shall control only 
when it shall exceed the aggregate of the bids for the same in sub- 
divisions as aforesaid ; but the chancery court, in cases before it, may 
decree otherwise if deemed advisable to do so. 

Section 112. Taxation shall be uniform and equal throughout the 
State. Property shall be taxed in proportion to its value. The legis- 
lature may, however, impose a tax per capita upon such domestic ani- 
mals as from their nature and habits are destructive of other property. 
Property shall be assessed for taxes under general laws, and by uniform 
rules, according to its true value. But the legislature may provide for a 
special mode of valuation and assessment for railroads, and railroad and 
other corporate property, or for particular species of property belonging 
to persons, corporations, or associations not situated wholly in one county. 
But all such property shall be assessed at its true value, and no county 



State of Mississippi. xvii 

shall be denied the right to levy county and special taxes upon such 
assessment, as in other cases of property situated and assessed in the 
county. 

Section 113. The auditor shall, within sixty days after the adjourn- 
ment of the legislature, prepare and publish a full statement of all 
money expended at such session, specifying the items and amount of 
each item, and to whom and for what paid ; and he shall also publish 
the amounts of all appropriations. 

Section 114. Returns of all elections by the people shall be made to 
the secretary of state in such manner as shall be provided by law. 

Section 115. The fiscal year of the State of Mississippi shall commence 
on the first day of October, and end on the thirtieth day of September of 
each year ; and the auditor of public accounts and the treasurer of the 
State shall compile, and have published, a full and complete report, 
showing the transactions of their respective offices, on or before the 
thirty-first day of December of each year for the preceding fiscal year. 



ARTICLE V. 
executive. 

Section 116. The chief executive power of this State shall be vested in 
a governor, who shall hold his office for four years, and who shall be 
ineligible as his immediate successor in office. 

Section 117. The governor shall be at least thirty years of age, and 
shall have been a citizen of the United States twenty years, and shall 
have resided in this State five years next preceding the day of his elec- 
tion. 

Section 118. The governor shall receive for his services such compen- 
sation as may be fixed by law, which shall neither be increased nor 
diminished during his term of office. 

Section 119. The governor shall be commander-in-chief of the army 
and navy of the State, and of the militia, except when they shall be 
called into the service of the United States. 

Section 120. The governor may require information, in writing, from 
the officers in the executive departments of the State on any subject 
relating to the duties of their respective offices. 

Section 121. The governor shall have power to convene the legislature 
in extraordinary session whenever in his judgment the public interest 
requires it. Should the governor deem it necessary to convene the leg- 
3 



xviii CONSTITUTION' OF THE 

islatiire, he shall do so by public proclamation, in which he shall state 
the subjects and matters to be considered by the legislature when so 
convened-; and the legislature when so convened, as aforesaid, shall have 
no power to consider or act upon subjects or matters other than those 
designated in the proclamation of the governor, by which the session is 
called, except impeachments, and examination into the accounts of 
State officers. The legislature when so convened may also act on and 
consider such other matters as the governor may in writing submit to 
them while in session. The governor may convene the legislature at the 
seat of government, or at a different place if that shall become danger- 
ous from an enemy or from disease ; and in case of a disagreement 
between the two houses, with respect to time of adjournment, adjourn 
them to such time as he shall think proper, not beyond the day of the 
next stated meeting of the legislature. 

Section 122. The governor shall, from time to time, give the legisla- 
ture information of the state of the government, and recommend for 
consideration such measures as may be deemed necessary and expedient. 

Section 123. The governor shall see that the laws are faithfully 
executed. 

Section 124. In all criminal and penal cases, excepting those of 
treason and impeachment, the governor shall have power to grant 
reprieves and pardons, to remit fines, and in cases of forfeiture to stay 
the collection until the end of the next session of the legislature, and 
by and with the consent of the senate to remit forfeitures. In cases of 
treason, he shall have power to grant reprieves, by and with the consent 
of the senate, but may respite the sentence until the end of the next 
session of the legislature ; but no pardon shall be granted before convic- 
tion, and in cases of felony after conviction no pardon shall be granted 
until the applicant therefor shall have published for thirty days, in some 
newspaper in the county where the crime was committed, and in case 
there be no newspaper published in said county, then in an adjoining 
county, his petition for pardon, setting foi'th therein the reasons why 
such pardon should b"^ granted. 

Section 125. The governor shall have the power, and it is hereby 
made his duty, to suspend alleged defaulting State and county treasu- 
rers and defaulting tax collectors, pending the investigation* of their 
respective accounts, and to make temporary appointments of proper 
persons to fill the offices while such investigations are being made, and 
the legislature shall provide for the enforcement of this provision by 
appropriate legislation. 

Section 126. There shall be a seal of the State kept by the governor, 



STATE OF MISSISSIPPI. xix 

and used by him officially, and be called the great seal of the State of 
Mississippi. 

Section 127. All commissions shall be in the name and by the author- 
ity of the State of Mississippi, be sealed with the great seal of State, and 
be signed by the governor, and attested by the secretary of state. 

Section 128. There shall be a lieutenant-governor, who shall be 
elected at the same time, in the same manner, and for the same term, 
and who shall possess the same qualifications as required of the goA'ernor. 

Section 129. The lieutenant-governor shall, by virtue of his office, 
be president of the senate. In committee of the whole, he may debate 
all questions, and when there is an equal division in the senate, or on a 
joint vote of both houses, he shall give the casting vote. 

Section 130. The lieutenant-governor shall receive for his services the 
same compensation as the speaker of the house of representatives. 

Section 131. When the office of governor shall become vacant, by 
death or otherwise, the lieutenant-governor shall possess the powers and 
discharge the duties of said office. When the governor shall be absent 
from the State, or unable from protracted illness to perform the duties 
of the office, the lieutenant-governor shall discharge the duties of said 
office until the governor be able to resume his duties ; but if, from dis- 
ability or otherwise, the lieutenant-governor shall be incapable of per- 
forming said duties, or if he be absent from the State, the president of 
the senate pro tempore shall act in his stead ; but if there be no such 
president, or if he be disqualified by like disability, or be absent from the 
State, then the speaker of the house of representatives shall assume the 
office of governor, and perform said duties ; and in case of the inability of 
the foregoing officers to discharge the duties of governor, the secretary 
of state shall convene the senate, to elect a president pro tempore. The 
officer discharging the duties of governor shall receive compensation as 
such. Should a doubt arise as to whether a vacancy has occurred in the 
office of governor or as to whether any one of the disabilities mentioned 
in this section exists or shall have ended, then the secretary of state 
shall submit the question in doubt to the judges of the supreme court, 
who, or a majority of whom, shall investigate and determine said ques- 
tion ; and shall furnish to said secretary of state an opinion in writing 
determining the question submitted to them, which opinion when ren- 
dered as aforesaid shall be final and conclusive. 

Section 132. In case the election for lieutenant-governor shall be con- 
tested, the contest shall be tried and determined in the same manner as 
a contest for the office of governor. 

Section 133. There shall be a secretary of state, who shall be elected 



XX Constitution qf the 

as herein provided. He shall be at least twenty-five years of age, a citizen 
of the State five years next preceding the day of his election, and he 
shall continue in office during the term of four years, and shall be keeper 
of the capitol; he shall keep a correct register of all official acts and 
proceedings of the governor ; and shall, when required, lay the same, and 
all papers, minutes, and vouchers relative thereto, before the legislature, 
and he shall perform such other duties as may be required of him bylaw. 
He shall receive such compensation as shall be prescribed. 

Section 134. A State treasurer and an auditor of public accounts shall 
be elected as herein provided, who shall hold their offices for the term of 
four years, and shall possess the same qualifications as required for the 
secretary of state ; they shall receive such compensation as may be pro- 
vided by law. Said treasurer and auditor of public accounts shall be 
ineligible to immediately succeed themselves or each other in office. 

Section 135. There shall be a sheriff, coroner, treasurer, assessor, and 
surveyor for each county, to be selected as elsewhere provided herein, 
who shall hold their offices for four years. The sheriff and treasurer 
shall be ineligil)le to immediately succeed themselves or each other in 
office. 

Section 136. All officers named in this article shall hold their offices 
during the term for which they were selected, unless removed, and until 
their successors shall be duly qualified to enter on the discharge of their 
respective duties. 

Section 137. It shall be the duty of the State treasurer, within ten 
days after the first day of January and July of each year, to publish a 
statement, under oath, in some newspaper published at the seat of gov- 
ernment, showing the condition of the treasury on said days, the balance 
on hand and in what funds, together with a certificate of the governor 
that he has verified the count of the funds in the treasury and found the 
balance, stated by the treasurer, actually in the vaults of the treasury, 
or as the truth may be. And it shall be the duty of the governor, at 
such other times as he may deem proper, to go to the treasury, without 
giving notice to the treasurer, and vei'ify the cash balance as shown by 
the books, and to publish the fact that he has done so, and whether the 
amount called for by the books be actually in the treasury, and stating 
whether the treasurer had any notice whatever that the verification 
would be made. 

Section 138. The sheriff, coroner, treasurer, assessor, surveyor, clerks 
of the courts, and members of the board of supervisors of the several 
counties, and all other officers exercising local jurisdiction therein, shall 
be selected in the manner provided by law for each county. 



State of Mississippi. xxi 

Section 139. The legislature may empower the governor to remove and 
appoint officers, in any county or counties or municipal corporations, 
under such regulations as may be prescribed by law. 

Section 140. The governor of the State shall be chosen in the follow- 
ing manner : 

On the first Tuesday after the first Monday of November of a. d. 
1895, and on the first Tuesday after the first Monday of November in 
every fourth year thereafter, until the day shall be changed by law, an 
election shall be held in the several counties and districts created for the 
election of members of the house of representatives in this State, for 
governor, and the person receiving in any county or such legislative 
district the highest number of votes cast therein, for said office, shall be 
holden to have received as many votes as such county or district is 
entitled to members in the house of representatives, which last named 
votes are hereby designated " electoral votes." In all cases where a rep- 
resentative is apportioned to two or more counties or districts the elec- 
toral vote based on such representative shall be equally divided among 
such counties or districts. The returns of said election shall be certified 
by the election commissioners, or a majority of them, of the several 
counties, and transmitted, sealed, to the seat of government, directed to 
the secretary of state, and shall be by him safely kept and delivered to 
the speaker of the house of representatives at the next ensuing session 
of the legislature within one day after he shall have been elected. The 
speaker shall, on the next Tuesday after he shall have received said 
returns, open and publish them in the presence of the house of repre- 
sentatives, and said house shall ascertain and count the vote of each 
county and legislative district and decide any contest that may be made 
concerning the same, and said decision shall be made by a majority of 
the whole number of members of the house of representatives concurring 
therein, by a viva voce vote, which shall be recorded in its journal ; pro- 
vided, in case the two highest candidates have an equal number of votes 
in any county or legislative district, the electoral vote of such county or 
legislative district shall be considered as equally divided between them. 
The person found to have received a majority of all the electoral votes, 
and also a majority of the popular vote, shall be declared elected. 

Section 141. If no person shall receive such majorities, then the house 
of representatives shall proceed to choose a governor from the two per- 
sons who shall have received the highest number of popular votes ; the 
election shall be by viva voce vote, which shall be recorded in the journal, 
in such manner as to show for whom each member voted. 

Section 142. In case of an election of governor or any State officer by 



xxii CONSTITUTION »F THE 

the house of representatives, no member of that house shall be eligible 
to receive any appointment from the governor or other State officer so 
elected, during the term for which he shall be selected. 

Section 143. All other State officers shall be elected at the same time 
and in the same manner as provided for election of governor. 

ARTICLE VI. 

JUDICIARY. 

Section 144. The judicial power of the State shall be vested in a 
supreme court and such other courts as are provided for in this consti- 
tution. 

Section 145. The supreme court shall consist of three judges, any two 
of whom, when convened, shall form a quorum. The legislature shall 
divide the State into three supreme court districts, and the governor, by 
and with the advice and consent of the senate, shall appoint one judge 
for and from each district; but the removal of a judge to the State 
capital during his term of office shall not render him ineligible as his 
own successor for the district from which he has removed. The present 
incumbents shall be considered as holding their terms of office from the 
State at large. 

Section 146. The supreme court shall have such jurisdiction as prop- 
erly belongs to a court of appeals. 

Section 147. No judgment or decree in any chancery or circuit court 
rendered in a civil cause shall be reversed or annulled on the ground 
of want of jurisdiction to render said judgment or decree, from any error 
or mistake as to whether the cause in which it was rendered was of equity 
or common law jurisdiction ; but if the supreme court shall find error in 
the proceedings other than as to jurisdiction, and it shall be necessary 
to remand the case, the supreme court may remand it to that court which 
in its opinion can best determine the controversy. 

Section 148. The supreme court shall be held twice in each year at the 
seat of government, at such time as tlie legislature may provide. 

Section 149. The terra of office of the judges of the supreme court 
shall be nine years. The office of one of said judges shall be vacated in 
three years, one in six years, and one in nine years, so that at the expi- 
ration of every three years one of said judges shall be appointed as 
aforesaid. 

Section 150. No person shall be eligible to the office of judge of the 
supreme court who shall not have attained the age of thirty years at the 



t^TATE OF MISSISSIPPI. xxiii 

time of his appointment, and who shall not have been a practising attor- 
ney and a citizen of the State for five years immediately preceding such 
appointment. 

Section 151. All vacancies which may occur in said court from death, 
resignation, or ]-emoval, shall be filled by appointment as aforesaid ; but 
if a vacancy shall occur during the recess of the legislature, the governor 
shall appoint a successor who shall hold his office until the end of the 
next session of the senate unless his nomination shall be sooner rejected. 

Section 152. The legislature shall divide the State into convenient 
circuit and chancery court districts. 

Section 153. The judges of the circuit courts and of the chancery courts 
shall be appointed by the governor, with the advice and consent of the 
senate, and shall hold their offices for the term of four years. 

Section 154. No person shall be eligible to the office of judge of the 
circuit court or of the chancery court, who shall not have been a practis- 
ing lawyer for five years, and who shall not have attained the age of 
twenty-six years, and who shall not have been five years a citizen of this 
State. 

Section 155. The judges of the several courts of this State shall, 
before they proceed to execute the duties of their respective offices, take 

the following oath or affirmation, to wit : "I, , solemnly swear 

(or affirm) that I will administer justice without respect to persons, and 
do equal right to the poor and to the rich, and that I will faithfully and 
impartially discharge and perform all the duties incumbent upon me as 

, according to the best of my ability and understanding, 

agreeably to the Constitution of the United States, and the constitution 
and laws of the State of Mississippi ; so help me God." 

Section 156. The circuit court shall have original jurisdiction in all 
matters civil and criminal in this State not vested by this constitution in 
some other court, and such appellate jurisdiction as shall be prescrilied 
by law. 

Section 157. All causes that may be brought in the circuit court 
whereof the chancery court has exclusive jurisdiction shall be trans- 
ferred to the chancery court. 

Section 158. A circuit court shall be held in each county at least 
twice in each year, and the judges of said courts may interchange circuits 
with each other in such manner as may be provided by law. 

Section 159. The chancery court shall have full jurisdiction in the 
following matters and cases, viz. : 

ip) All matters in equity. 

(6) Divorce and alimony. 



xxiv Constitution of the 

(c) Matters testamentary and of administration. 

{d) Minors' bnsiness. 

(e) Cases of idiocy, lunacy, and persons of unsound mind. 

(/) All cases of which the said court had jurisdiction under the laws 
in force when this constitution is put in operation. 

Section 160. And in addition to the jurisdiction heretofore exercised 
by the chancery court in suits to try title and to cancel deeds and other 
clouds upon title to real estate, it shall have jurisdiction in such cases to 
decree possession, and to displace possession, to decree rents and com- 
pensation for improvements and taxes ; and in all cases where said court 
heretofore exercised jurisdiction, auxiliary to courts of common law, it 
may exercise such jurisdiction to grant the relief sought, although the 
legal remedy may not have been exhausted or the legal title established 
by a suit at law. 

Section 161. And the chancery court shall have jurisdiction, con- 
current with the circuit court, of suits on bonds of fiduciaries and public 
officers for failure to account for money or property received, or wasted 
or lost by neglect or failure to collect, and of suits involving inquiry 
into matters of mutual accounts ; but if the plaintiff brings his suit in 
the circuit court, that court may, on application of the defendant, trans- 
fer the cause to the chancery court if it appears that the accounts to be 
investigated are mutual and complicated. 

Section 162. All causes that may be brought in the chancery court 
whereof the circuit court has exclusive jurisdiction shall be transferred 
to the circuit court. 

Section 163. The legislature shall provide by law for the due certifi- 
cation of all causes that may be transferred to or from any chancery 
court or circuit court, for such reformation of the pleading therein as 
may be necessary, and the adjudication of the costs of such transfer. 

Section 164. A chancery court shall be held in each county at least 
twice in each year. 

Section 165. No judge of any court shall preside on the trial of any 
cause where the parties or either of them shall be connected with him by 
affinity or consanguinity, or w'here he may be interested in the same, 
except by the consent of the judge and of the parties. Whenever any 
judge of the supreme court or the judge or chancellor of any district, in 
this State, shall, for any reason, be unable or disqualified to preside at 
any term of court, or in any case where the attorneys engaged therein 
"shall not agree upon a member of the bar to preside in his place, the 
governor may commission another, or others, of law knowledge to pre- 
side at such term or during such disability or disqualification in the 



8TATE OF Mississippi. xxv 

place of the judge or judges so disqualified. Where either party shall 
desire, the supreme court, for the trial of any cause, shall be composed 
of three judges. No judgment or decree shall be affirmed by disagree- 
ment of two judges constituting a quorum. 

Section 166. The judges of the supreme court, of the circuit courts, 
and the chancellors, shall receive for their services a compensation to be 
fixed by law, which shall not be increased or diminished during their 
continuance in office. 

Section 167. All civil officers shall be conservators of the peace, and 
shall be, by law, vested with ample power as such. 

Section 168. The clerk of the supreme court shall be elected as other 
State officers for the term of four years, and the clerk of the circuit 
court and the clerk of the chancery court shall be selected in each county 
in the manner provided by law, and shall hold office for the term of four 
years, and the legislature shall provide by law what duties shall be per- 
formed during vacation by the clerks of the circuit and chancery courts, 
subject to the approval of the court. 

Section 169. The style of all process shall be '* The State of Missis- 
sippi," and all prosecutions shall be carried on in the name and by 
authority of the "State of Mississippi," and all indictments shall con- 
clude "against the peace and dignity of the State." 

Section 170. Each county shall be divided into five districts. A resi- 
dent freeholder of each district shall be selected, in the manner prescribed 
by law, and the five so chosen shall constitute the board of supervisors 
of the county, a majority of whom may transact business. The board 
of supervisors shall have full jurisdiction over roads, ferries, and bridges, 
to be exercised in accordance with such regulations as the legislature 
may prescribe, and perform such other duties as may be required by law. 
The clerk of the chancery court of each county shall be clerk of the board 
of supervisors. 

Section 171. A competent number of justices of the peace and con- 
stables shall be chosen in each county in the manner provided by law, 
for each district, who shall hold their office for the term of four years. 
No person shall be eligible to the office of justice of the peace who shall 
not have resided two years in the district next preceding his selection. 
The jurisdiction of justices of the peace shall extend to causes in which 
the principal amount in controversy shall not exceed the sum of two 
hundred dollars ; and they shall have jurisdiction concurrent with the 
circuit court over all crimes whereof the punishment prescribed does not 
extend beyond a fine and imprisonment in the county jail ; but the 
legislature may confer on the justices of the peace exclusive jurisdiction 



xxvi Constitution* OF the 

in such petty misdemeanors as it shall see proper. In all causes tried by a 
justice of the peace, the right of appeal shall be secured under such rules 
and regulations as shall be prescribed by law, and no justice of the peace 
shall preside at the trial of any cause where he may be interested, or the 
parties or either of them shall be connected with him by affinity or consan- 
guinity, except by the consent of the justice of the peace and of the parties. 

Section 172. The legislature shall, from time to time, establish such 
other inferior courts as may be necessary, and abolish the same whenever 
deemed expedient. 

Section 173. There shall be an attorney-general elected at the same 
time and in the same manner as the governor is elected, whose term of 
office shall be four years, and whose compensation shall be fixed by law. 
The qualifications for the attorney-general shall be the same as herein 
prescribed for judges of the circuit and chancery courts. 

Section 174. A district attorney for each circuit court district shall be 
selected in the manner provided by law, whose term of office shall be 
four years, whose duties shall be prescribed by law, and whose compen- 
sation shall be a fixed salary. 

Section 175. All public officers, for wilful neglect of duty, or misde- 
meanor in office, shall be liable to presentment or indictment by a grand 
jurj, and, upon conviction, shall be removed from office, and otherwise 
punished as may be prescribed by law. 

Section 176. No person shall be a member of the board of supervisors 
who is not a resident freeholder in the district for which he is chosen. 
The value of real estate necessary to be owned to qualify persons in the 
several counties to be members of said board shall be fixed by law. 

Section 177. The governor shall have power to fill any vacancy which 
may happen during the recess of the senate, in the office of judge or 
chancellor, by making a temporary appointment of an incumbent which 
shall expire at the end of the next session of the senate, unless a suc- 
cessor shall be sooner appointed, and confirmed by the senate. When a 
temporary appointment of a judge or chancellor has been made during 
the recess of the senate, the governor shall have no power to remove the 
person or appointee, nor power to withhold his name from the senate for 
their action. 

ARTICLE VII. 
corporations. 

Section 178. Corporations shall be formed under general laws only. 
The legislature shall have power to alter, amend, or repeal any charter 



State of Mississippi. xxvii 

of incorporation now existing, and revocable, and any that may here- 
after be created, whenever in its opinion it may be for the public interest 
to do so ; provided, however, that no injustice shall be done to the 
stockholders. No charter for any private corporation for pecuniary 
gain shall be granted for a longer period than ninety-nine years. In 
assessing for taxation the property and franchises of corporations hav- 
ing charters for a longer period than ninety-nine years, the increased 
value of such property and franchises arising from such longer dura- 
tion of their charters shall be considered and assessed ; but any such 
corporation shall have the right to surrender the excess over ninety- 
nine years of its charter. 

Section 179. The legislature shall never remit the forfeiture of the 
franchise of any corporation now existing, nor alter nor amend the charter 
thereof, nor pass any general or special law for the benefit of such cor- 
poration, except upon the condition that such corporation shall thereafter 
hold its charter and franchises subject to the provisions of this constitu- 
tion ; and the reception by any corporation of any provision of any such 
laws, or the taking of any benefit or advantage from the same, shall be 
conclusively held an agreement by such corporation to hold thereafter its 
charter and franchises under the provisions hereof. 

Section 180. All existing charters or grants of corporate franchise 
under which organizations have not in good faith taken place at the 
adoption of this constitution shall be subject to the provisions of this 
article ; and all such charters under which organizations shall not take 
place in good faith and business be commenced within one year from 
the adoption of this constitution, shall thereafter have no validity; and 
every charter or grant of corporate franchise hereafter made shall have 
no validity, unless an organization shall take place thereunder and 
business be commenced within two years from the date of such charter 
or grant. 

Section 181. The property of all private corporations for pecuniary 
gain shall be taxed in the same way and to the same extent as the prop- 
erty of individuals ; but the legislature may provide for the taxation of 
banks and banking capital, by taxing the shares according to the value 
thereof (augmented by the accumulations, surplus, and unpaid dividends), 
exclusive of real estate, which shall be taxed as other real estate. Ex- 
emptions from taxation to which corporations are legally entitled at the 
adoption of this constitution, shall remain in full force and eiTect for the 
time of such exemptions as expressed in their respective charters, or by 
general laws, unless sooner repealed by the legislature. And domestic 
insurance companies shall not be required to pay a greater tax in the 



xxviii Constitution of the 

aggregate than is required to be paid by foreign insurance companies 
doing business in this State, except to the extent of the excess of their 
ad valorem tax over the privilege tax imposed upon such foreign com- 
panies ; and the legislature may impose privilege taxes on building 
and loan associations in lieu of all other taxes except on their real 
estate. 

Section 182. The power to tax corporations and their property shall 
never be surrendered or abridged by any contract or grant to which the 
State or any political subdivision thereof may be a party, except that the 
legislature may grant exemption from taxation in the encouragement of 
manufactures and other new enterprises of public utility extending for a 
period not exceeding live years, the time of such exemptions to com- 
mence from date of charter, if to a corporation ; and if to an individual 
enterprise, then from the commencement of work ; but when the legis- 
lature grants such exemptions for a period of five years or less, it shall 
be done by general laws, which shall distinctly enumerate the classes of 
manufactures and other new enterprises of public utility entitled to such 
exemptions, and shall prescribe the mode and manner in which the right 
to such exemptions shall be determined. 

Section 183. No county, city, town, or other municipal corporation 
shall hereafter become a subscriber to the capital stock of any railroad 
or other corporation or association, or make appropriation, or loan its 
credit in aid of such corporation or association. All authority heretofore 
conferred for any of the purposes aforesaid by the legislature or by the 
charter of any corporation is hereby repealed. Nothing in this section 
contained shall affect the right of any such corporation, municipality, or 
county to make such subscription where the same has been authorized 
under laws existing at the time of the adoption of this constitution, and 
by a vote of the people thereof had prior to its adoption, and where the 
terms of submission and subscription have been or shall be complied 
with, or to prevent the issue of renewal bonds, or the use of such other 
means as are or may be prescribed by law for the payment or liquidation 
of such subscription or of any existing indebtedness. 

Section 184. All railroads which carry persons or property for hire 
shall be public highways, and all railroad companies so engaged shall be 
common carriers. Any company organized for that purpose under the 
laws of the State shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State line 
with roads of other States. Every railroad company shall have the right 
with its road to intersect, connect with, or cross any other railroad ; and 
all railroad companies shall receive and transport each other's passengers. 



STATE OF MISSISSIPPI. xxix 

tonnage, and cars loaded or empty, without unnecessary delay or dis- 
crimination. 

Section 185. The rolling stock belonging to any railroad company or 
corporation in this State shall be considered personal property, and sliall 
be liable to execution and sale as such. 

Section 186. The legislature shall pass laws to prevent abuses, unjust 
discrimination, and extortion in all charges of express, telephone, sleep- 
ing car, telegraph, and railroad companies, and shall enact laws for the 
supervision of railroads, express, telephone, telergaph, sleeping car com- 
panies, and other common carriers in this State, by commission or other- 
wise, and shall provide adequate penalties, to the extent, if necessary 
for that purpose, of forfeiture of their franchises. 

Section 187. Xo railroad hereafter constructed in this State shall pass 
within three miles of any county seat without passing through the same, 
and establishing and maintaining a depot therein, unless prevented by 
natural obstacles ; provided, such town or its citizens shall grant the 
right-of-way through its limits, and sufficient grounds for ordinary depot 
purposes. 

Section 188. No railroad or other transportation company shall grant 
free passes or tickets, or passes or tickets at a discount, to members of 
the legislature, or any State, district, county, or municipal officers, except 
railroad commissioners. The legislature shall enact suitable law^s for 
the detection, prevention, and punishment of violations of this provision. 

Section 189. All charters granted to private corporations in this State 
shall be recorded in the chancery clerk's office of the county in which 
the principal office or place of business of such company shall be located. 

Section 190. The exercise of the right of eminent domain shall never 
be abridged, or so construed as to prevent the legislature from taking 
the property and franchises of incorporated companies and subjecting 
them to public use ; and the exercise of the police powers of the State 
shall never be abridged, or so construed as to permit corporations to con- 
duct their business in such manner as to infringe upon the rights of 
individuals or the general well-being of the State. 

Section 191. The legislature shall provide for the protection of the 
employees of all corporations doing business in this State from inter- 
ference with their social, civil, or political rights by said corporations, 
their agents or employees. 

Section 192. Provision shall be made by general laws whereby cities 
and towns may be authorized to aid and encourage the establishment of 
manufactoi-ies, gas-works, water-works, and other enterprises of public 
utility other than railroads, within tlie limits of said cities ov towns, by 



XXX Constitution of the 

exempting all property used for such purposes from municipal taxation 
for a period not longer than ten years. 

Section 193. Every employee of any railroad corporation shall have 
the same right and remedies for any injury suffered by him from the act 
or omission of said corporation or its employees, as are allowed by law 
to other persons not employees, where the injury results from the negli- 
gence of a superior agent or officer, or of a person having the right to 
control or direct the services of the party injured, and also when the 
injury results from the negligence of a fellow-servant engaged in another 
department of labor from that of the party injured, or of a fellow-serv- 
ant on another train of cars, or one engaged about a different piece of 
work. Knowledge by any employee injured of the defective or unsafe 
character or condition of any machinery, ways, or appliances, shall be no 
defence to an action for injury caused thereby, except as to conductors 
or engineers in charge of dangerous or unsafe cars, or engines voluntarily 
operated by them. Where death ensues from any injury to employees, 
the legal or personal representatives of the person injured shall have 
the same right and remedies as are allowed by law to such representa- 
tives of other persons. Any contract or agreement, express or implied, 
made by any employee to waive the benefit of this section shall be null 
and void ; and this section shall not be construed to deprive any employee 
of a corporation, or his legal or personal representative, of any right or 
remedy that he now has by the law of the land. The legislature may 
extend the remedies herein provided for to any other class of employees. 

Section 194. The legislature shall provide by law that in all elections 
for directors or managers of incorporated companies, every stockholder 
shall have the right to vote in person or by proxy for the number of 
shares of stock owned by him, for as many persons as there are directors 
or managers to be elected, or to cumulate said shares, so as to give one 
candidate as many votes as the number of directors multiplied by the 
number of his shares of stock shall equal, or to distribute them on the 
same principle among as many candidates as he shall see fit ; and such 
directors or managers shall not be elected in any other manner ; but no 
person who is engaged or interested in a competing business, either 
individually or as employee, or stockholder, shall serve on any board of 
directors of any corporation without the consent of a majority in interest 
of the stockholders thereof. 

Section 195. Express, telegraph, telephone and sleeping car compa- 
nies are declared common carriers in their respective lines of business, 
and subject to liability as such. 

Section 196. No transportation corporation shall issue stocks or bonds 



State of Mississippi. xxxi 

except for money, labor done, or in good faith agreed to be done, or 
money or property actually received; and all fictitious increase of stock 
or indebtedness shall be void. 

Section 197. The legislature shall not grant to any foreign corporation 
or association a license to build, operate, or lease any railroad in this 
State ; but in all cases where a railroad is to be built or operated, and the 
same shall be partly in this State and partly in another State, or in other 
States, the owners or projectors thereof shall first become incorporated 
under the laws of this State ; nor shall any foreign corporations or asso- 
ciations lease or operate any railroad in this State or purchase the same, 
or any interest therein; consolidation of any railroad lines and corpora- 
tions in this State with others shall be allowed only where the consoli- 
dated company shall become a domestic corporation of this State. No 
general or special law shall ever be passed for the benefit of any foreign 
corporation operating a railroad under an existing license from this 
State, or under an existing lease ; and no grant of any right or privilege, 
and no exemption from any burden, shall be made to any such foreign 
corporation, except upon the condition that the owners or stockholders 
thereof shall first organize a corporation in this State under the laws 
thereof, and shall thereafter operate and manage the same, and the busi- 
ness thereof under said domestic charter. 

Section 198. The legislature shall enact laws to prevent all trusts, 
combinations, contracts and agreements inimical to the public welfare. 

Section 199. The term corporation used in this article shall include 
all associations and all joint stock companies for pecuniary gain, having 
privileges not possessed by individuals or partnerships. 

Section 200. Vhe legislature shall enforce the provisions of this article 
by appropriate legislation. 



ARTICLE VIII. 

EDUCATION. 

Section 201. It shall be the duty of the legislature to encourage, by all 
suitable means, the promotion of intellectual, scientific, moral and agri- 
cultural improvement, by establishing a uniform system of free public 
schools, by taxation, or otherwise, for all children between the ages of 
five and twenty-one years, and, as soon as practicable, to establish 
schools of higher grade. 

Section 202. There shall be a superintendent of public education 



xxxii Constitution of the 

elected at the same time and in the same manner as the governor, who 
shall have the qualifications required of the secretary of state, and hold 
his office for four years and until his successor shall be elected and quali- 
fied, who shall have the general supervision of the common schools, and 
of the educational interests of the State, and who shall perform such 
other duties and receive such compensation as shall be prescribed by 
law. 

Section 203. There shall be a board of education, consisting of the 
secretary of state, the attorney-general, and the superintendent of public 
education, for the management and investment of the school funds, 
according to law, and for the performance of such other duties as may 
be prescribed. The superintendent and one other of said board shall 
constitute a quorum. 

Section 204. There shall be a superintendent of public education in 
each county, who shall be appointed by the board of education by and 
with the advice and consent of the senate, whose term of office shall be 
four years, and whose qualifications, compensation and duties shall be 
prescribed by law ; provided, that the legislature shall have power to 
make the office of county school superintendent of the several counties 
elective, or may otherwise provide for the discharge of the duties of 
county superintendent, or abolish said office. 

Section 205. A public school shall be maintained in each school 
district in the county at least four months during each scholastic year. 
A school district neglecting to maintain its school four months, shall be 
entitled to only such part of the free school fund as may be required to 
pay the teacher for the time actually taught. 

Section 206. There shall be a common school fund which shall consist 
of the poll-tax (to be retained in the counties where the same is collected) 
and an additional sum from the general fund in the State treasury, 
which together shall be sufficient to maintain the common schools for 
the term of four months in each scholastic year. But any county or 
separate school district may levy an additional tax to maintain its 
schools for a longer time than the term of four months. The common 
school fund shall be distributed among the several counties and separate 
school districts, in proportion to the number of edueable children in 
each, to be determined from data collected through the office of the 
state superintendent of education, in the manner to be prescribed by law. 

Section 207. Separate schools shall be maintained for children of the 
white and colored races. 

Section 208. No religious or other sect, or sects, shall ever control any 
part of the school or other educational funds of this State; nor shall 



State of Mississippi. xxxiii 

any funds be appropi'iated towards the support of any sectarian school; 
or to any school that at the time of receiving such appropriation is not 
conducted as a free school. 

Section 209. It shall be the duty of the legislature to provide by law 
for the support of institutions for the education of the deaf, dumb, and 
blind. 

Section 210. No public officer of this State, or of any district, county, 
city or town thereof, nor any teacher or trustee of any public school, 
shall be interested in the sale, proceeds or profits of any books, appara- 
tus or furniture to be used, in any public school in this State. Penalties 
shall be provided by law for the violation of this section. 

Section 211. The legislature shall enact such laws as may be necessary 
to ascertain the true condition of the title to the IGth sections of land in 
this State, or land granted in lieu thereof, in the Choctaw purchase, and 
shall provide that the sixteenth section lands reserved for the support of 
township schools, shall not be sold, nor shall they be leased for a longer 
term than ten years for a gross sum; but the legislature may provide for 
the lease of any of said lands for a term not exceeding twenty-five years 
for a ground rental payable annually, and, in case of uncleared lands, 
may lease them for such short term as may be deemed proper in consid- 
eration of the improvement thereof, with right thereafter to lease for a 
term or to hold on payment of ground rent. 

Section 212. The rate of interest on the fund known as the Chickasaw 
school fund, and other trust funds for educational purposes, for which 
the State is responsible, shall be fixed and remain as long as said funds 
are held by the State at six per centum per annum, from and after the 
close of the fiscal year a.d. 1891, and the distribution of said interest 
shall be made semi-annually on the first of May and November of each 
year. 

Section 213. The State having received and appropriated the land 
donated to it, for the support of Agricultural and Mechanical Colleges, 
by the United States, and having, in furtherance of the beneficent 
design of Congress in granting said land, established the Agricultural 
and Mechanical College of Mississippi, and the Alcorn Agricultural and 
Mechanical College, it is the duty of the State to sacredly carry out the 
conditions of the act of Congress upon the subject; approved July 2d, 
A.D. 1862, and the legislature shall preserve intact the endowments to, 
/i.nd support, said colleges. 



xxxiv Constitution* OF the 

ARTICLE IX, 



Section 214. All able-bodied male citizens of the State between the 
ages of eighteen and forty-five years shall be liable to military duty in 
the militia of this State, in such manner as the legislature may provide. 

Section 215. The legislature shall provide for the organizing, arming, 
equipping and discipline of the militia, and for paying the same when 
called into active service. 

Section 216. All officers of militia, except non-commissioned officers, 
shall be appointed by the governor, by and with the consent of the 
senate, or elected, as the legislature may determine; and no commis- 
sioned officer shall be removed from office except by the senate on sug- 
gestion of the governor, stating the ground on which such removal is 
recommended, or by the decision of a court martial, pursuant to law, or 
at his own request. 

Section 217. The governor shall be commander-in-chief of the militia, 
except when it is called into the service of the United States, and shall 
have power to call forth the militia to execute the laws, repel invasion, 
and to suppress riots and insurrections. 

Section 218. The governor shall nominate, and, by and with the 
consent of the senate, commission one major-general for the State, 
who shall be a citizen thereof, and also one brigadier-general for each 
congressional district, who shall be a resident of the district for which he 
shall be appointed, and each district shall constitute a militia division. 

Section 219. The adjutant-general, and other staff officers to the com- 
mander-in-chief, shall be appointed by the governor, and their appoint- 
ment shall expire with the governor's term of office, and the legislature 
shall provide by law a salary for the adjutant-general, commensurate 
with the duties of said office. 

Section 220. The militia shall be exempt from arrest during their 
attendance on musters, and in going to and returning from the same, 
except in case of treason, felony or breach of the peace. 

Section 221. The legislature is hereby required to make an annual 
appropriation for the efficient support and maintenance of the Mississippi 
National Guard, which shall consist of not less than one hundred men 
for each senator and representativ^e to which this State may be entitled 
in the Congress of the United States ; but no part of such funds shall be 
used in the payment of said guard except when in actual service. 

Section 222. The legislature shall empower the board of supervisors 



STATE OF MISSISSIPPI. xxxv 

of each county in the State to aid in supporting a military company or 
companies, of the Mississippi National Guard, within its borders, under 
such regulations, limitations and restrictions as may be prescribed by law. 

ARTICLE X. 

THE PENITENTIARY AND PRISONS. 

Section 323. No penitentiary convict shall ever be leased or hired to 
any person or persons, or corporation, private or public or quasi public, 
or board, after December the 31st, a.d. 1894, save as authorized in the 
next section, nor shall any previous lease or hiring of convicts extend 
beyond that date; and the legislature shall abandon the system of such 
leasing or hiring as much sooner than the date mentioned as may be 
consistent with the economic safety of the State. 

Section 224. The legislature may authorize the employment under 
State supervision, and the proper officers and employees of the State, of 
convicts on public roads or other public works, or by any levee board on 
any public levees, under such provisions and restiictions as it may from 
time to time see proper to impose; but said convicts shall not be let or 
hired to any contractors under said board, nor shall the working of 
convicts on public roads, or public works, or by any levee board ever 
interfere with the preparation for or the cultivation of any crop which 
it may be intended shall be cultivated by the said convicts, nor interfere 
with the good management of the State farm, nor put the State to any 
expense. 

Section 225. The legislature may place the convicts on a State farm 
or farms, and have them worked thereon under State supervision exclu- 
sively, in tilling the soil or manufacturing, or both, and may buy farms 
for that purpose. It may establish a reformatory school or schools, and 
provide for keeping of juvenile offenders from association with hardened 
criminals. It may provide for the commutation of the sentence of con- 
victs for good behavior, and for the constant separation of the sexes, and 
for the separation of the white and black convicts as far as practicable, 
and for religious worship for the convicts. 

Section 226. Convicts sentenced to the county jail shall not be hired 
or leased to any person or corporation outside the county of their con- 
viction, after the first day of January, a.d. 1893, nor for a term wMch 
shall extend beyond that date. 



xxxvi Constitution vf the 

ARTICLE XI. 

LEVEES. 

Section 237. A levee system shall be maintained in the State as pro- 
vided in this article. 

Section 238. The division heretofore made by the legislature of the 
alluvial land of the State into two levee districts, viz. : The Yazoo- 
Mississippi Delta Levee District, and the Mississippi Levee District, as 
shown by the laws creating the same, and the amendments thereto, is 
hereby recognized, and said districts shall so remain until changed by 
law : but the legislature may hereafter add to either of said districts any 
other alluvial land in the State. 

Section 329. There shall be a board of levee commissioners for the 
Yazoo-Mississippi Delta Levee District, which shall consist of two mem- 
bers from each of the counties of Coahoma and Tunica, and one member 
from each of the remaining counties or parts of counties, now or here- 
after embraced within the limits of said district, and the governor may 
appoint a stockholder in the Louisville, New Orleans and Texas Railway 
Company as an additional commissioner ; and there shall also be a board 
of levee commissioners for the Mississippi Levee District, which shall 
consist of two members from each of the counties of Bolivar and Wash- 
ington, and one from each of the counties of Issaquena and Sharkey. 
In the event of the formation of a new county or counties out of the 
territory embraced in either or both of said levee districts, such new 
counties shall each be entitled to representation and membership in the 
proper board or boards. 

Section 330. All of said commissionei-s shall be qualified electors of the 
respective counties or parts of counties from which they may be chosen, 
except the one selected for the Louisville, New Orleans and Texas Railway 
Company; and the legislature shall provide that they shall each give 
bond for the faithful performance of his duties, and shall fix the penalty 
thereof ; but the penalty of such bond in no instance shall be fixed at 
less than $10,000, and the sureties thereon shall be freeholders of the dis- 
trict. 

Section 331. When the terms of the present levee commissioners shall 
expire, or whenever a vacancy shall occur or be about to occur, in either 
of said boards, the governor shall make appointments to fill vacancies, 
subject to the confirmation of the senate. The terms of oifice of said 
commissioners shall remain as provided by law at the adoption of this 
constitution, but this provision shall not require the appointment of a 



State of Mississtppi. xxxvii 

commissioner for the Louisville, New Orleans, & Texas Railway Company, 
except in the discretion of the governor, as provided. 

Section 232. The commissioners of said levee districts shall have super- 
vision of the erection, repair, and maintenance of the levees in their 
respective districts. 

Section 233. The levee boards shall have and are hereby granted au- 
thority and full power to appropriate private property in their respective 
districts for the purpose of constructing, maintaining and repairing 
levees therein ; and when any owner of land, or any other person inter- 
ested therein, shall object to the location or building of the levee thereon, 
or shall claim compensation for any land that may be taken, or for any 
damages he may sustain in consequence thereof, the president or other 
proper officer or agent of such levee board, or owner of such land, or 
other person interested therein, may forthwith apply foi* an assessment of 
the damages to which said person claiming the same may be entitled ; 
whereupon the proceedings as now provided by law shall be taken, viz. : 
i\\ the Mississippi Levee District, in accordance with the terms and pro- 
visions of section 3 of an act entitled "an act to amend an act to incor- 
porate the Board of Levee Commissioners for Bolivar, Washington, and 
Issaquena counties, and f(jr other purposes," approved November 27, a.d. 
1865, and to revise acts amendatory thereof, approved March 13, a.d. 
1884 ; and in the Yazoo-Mississippi Delta Levee District, in accordance 
with the terms and provisions of section three of an act entitled " an act 
to incorporate the board of levee commissioners for the Yazoo Mississippi 
Delta, and for other purposes," approved February 28, a.d. 1884, and 
tlie amendments thereto; but the legislature shall have full power to alter 
and amend said several acts, and to provide different manners of pro- 
cedure. 

Section 234. No bill changing the boundaries of the district or affect- 
ing the taxation or revenue of the Yazoo-Mississippi Delta Levee District, 
or the Mississippi Levee District, shall be considered by the legislature 
unless said bill shall have been published in some newspaper in the county 
in which is situated the domicile of the board of levee commissioners of 
the levee district to be affected thereby, for four weeks prior to the intro- 
duction thereof into the legislature; and no such bill shall be considered 
for final passage by either the senate or house of representatives, unless 
the same shall have been referred to, and reported on, by an appropriate 
committee of each house in which the same maybe pending; and no such 
committee shall consider or report on any such bill unless publication 
thereof shall have been made as aforesaid. 

Section 235. Each levee board shall make at the end of each fiscal 



xxxviii Constitution *0F the 

year, to the governor of this State, a report showing the condition of the 
levees, and recommending such additional legislation on the subject of 
the system as shall be thought necessary, and showing the receipts and 
expenditures of the board, so that each item, the amount and considera- 
tion therefor, shall distinctly appear, together with such other matters as 
it shall be thought proper to call to the attention of the legislature. 

Section 236. The legislature shall impose for levee purposes, in addi- 
tion to the levee taxes heretofore levied or authorized by law, a uniform 
tax of not less than two nor more than five cents an acre, per annum, upon 
every acre of land now, or hereafter, embraced within the limits of either, 
or both, of said levee districts. The taxes so derived shall be paid into 
the treasury of the levee board of the district in which the land charged 
with the same is situated ; and the legislature, by the act imposing said 
tax, shall authorize said levee boards to fix the annual rate of taxation 
per acre within the limits aforesaid, and thereby require said levee boards, 
whenever a reduction is made by them in their other taxes, to make a 
proportionate reduction in the acreage tax hereinbefore mentioned ; but 
said acreage tax shall not be reduced below two cents an acre per annum ; 
and all reductions in such taxation shall be uniform in eacli of said dis- 
tricts ; but the rate of taxation need not be the same in both of them ; 
and such specific taxes shall be assessed on the same assessment roll, and 
collected under the same penalties as the ad valorem taxes for levee pur- 
poses, and shall be paid at the same time with the latter. And no levee 
board shall ever be permitted to buy lands when sold for taxes ; but the 
State shall have a prior lien for the taxes due thereto. The legislature 
may provide for the discontinuance of the tax on cotton, but not in such 
manner as to affect outstanding bonds based on it, and on the discon- 
tinuance of tlie tax on cotton shall impose another tax in lieu thereof ; 
but the legislature may repeal the acreage taxes required to be levied 
hereby, after the 1st day of January, a.d. 1895. 

Section 337. The legislature shall have full power to provide such 
system of taxation for said levee districts as it shall from time to time 
deem wise and proper. 

Section 238. No property situated between the levee and the Missis- 
sippi river shall be taxed for levee purposes, nor shall damage be paid 
to any owner of land so situated because of it being left outside a levee. 

Section 239. The legislature shall require the levee boards to publish 
at each of their sessions an itemized account embracing their respective 
receipts since the prior session, and such appropriations as have been 
made or ordered by them respectively, in some newspaper or newspapers 
of the district. 



State of Mississippi. xxxix 



ARTICLE XII. 

FRANCHISE. 

Section 240. All elections by the people shall be by bcallot. 

Section 241. Every male inhabitant of this State, except idiots, insane 
persons and Indians not taxed, who is a citizen of the United States, 
twenty-one years old and upwards, who has resided in this State two 
years, and one year in the election district, or in the incorporated city 
or town, in which he offers to vote, and who is duly registered as pro- 
vided in this article, and who has never been convicted of bribery, 
burglary, theft, arson, obtaining money or goods under false pretenses, 
perjury, forgery, embezzlement or bigamy, and who has paid, on or 
before the first day of February of the year in which he shall offer to 
vote, all taxes which may have been legally required of him, and which 
he has had an opportunity of paying according to law, for the two pre- 
ceding years, and who shall produce to the officers holding the election 
satisfactory evidence that he has paid said taxes, is declared to be a 
qualified elector ; but any minister of the gospel in charge of an organ- 
ized church shall be entitled to vote after six months' residence in the 
election district, if otherwise qualified. 

Section 242. The legislature shall provide by law for the registration 
of all persons entitled to vote at any election, and all persons offering to 

register shall take the following oath or affirmation : "I , 

do solemnly swear (or affirm) that I am twenty-one years old (oi- I will 
be before the next election in this county), and that I will have resided 

in this State two years, and election district of county one 

year next preceding tlie ensuing election'' (or if it be stated in the oath 
that the person proposing to register is a minister of the gospel in charge 
of an organized church, then it will be sufficient to aver therein two 
years' residence in the State and six months in said election district); 
"and am now in good faith a resident of the same, and that I am not 
disqualified from voting by reason of having been convicted of any crime 
named in the constitution of this State as a disqualification to be an 
elector ; that I will truly answer all questions propounded to me con 
cerning my antecedents so far as they relate to my right to vote, and 
also as to my residence before my citizenship in this district; that I will 
faithfully support the constitution of the United States and of the State 
of Mississippi, and will bear true faith and allegiance to the same. So 
help me God." In registering voters in cities and towns not wholly in 
one election district, the name of such city or town may be substituted 



xl Constitution of the 

in the oath for the election district. Any willful and corrupt false state- 
ment in said affidavit, or in answer to any material question propounded 
as herein authorized, shall be perjury. 

Section 243. A uniform poll tax of two dollars, to be used in aid of 
the common schools and for no other purpose, is hereby imposed on every 
male inhabitant of this State between the ages of twenty-one and sixty 
years, except persons who are deaf and dumb or blind, or who are maimed 
by loss of hand or foot ; said tax to be a lien only upon taxable property. 
The board of supervisors of any county may, for the purpose of aiding 
the common schools in that county, increase the poll tax in said county, 
but in no case shall the entire poll tax exceed in any one year three dol- 
lars on each poll. No criminal proceedings shall be allowed to enforce 
the collection of the poll tax. 

Section 244. On and after the first day of January, a.d. 1892, every 
elector shall, in addition to the foregoing qualifications, be able to read 
any section of the constitution of this State ; or he shall be able to under- 
stand the same when read to him, or give a reasonable interpretation 
thereof. A new registration shall be made before the next ensuing elec- 
tion after January the first, a.d. 1802. 

Section 245. Electors in municipal elections shall possess all the quali- 
fications herein prescribed, and such additional qualifications as may be 
provided by law. 

Section 246. Prior to the first day of January, a.d. 1896, the elec- 
tions by the people in this State shall be regulated by an ordinance of 
this convention. 

Section 247. The legislature shall enact laws to secure fairness in 
party primary elections, conventions or other methods of naming party 
candidates. 

Section 248. Suitable remedies by appeal or otherwise shall Ijc pro- 
vided by law, to correct illegal or improper registration and to secure 
the elective franchise to those who may be illegally or improjijerly denied 
the same. 

Section 249. No one shall be allowed to vote for members of the legis- 
lature or other officers who has not been duly registered under the consti- 
tution and laws of this State, by an officer of this State, legally authorized 
to register the voters thereof. And registration under the constitution 
and laws of this State by the proper officers of this State is hereby 
declared to be an essential anil necessary qualification to vote at any and 
all elections. 

Section 250. All qualified electors and no others shall be eligible to 
office, except as otherwise provided in this constitution. 



STATE OF MISSISSIFPL xli 

Section 351. Electors shall not be registered within four months next 
before any election at which they may offer to vote ; but appeals may 
be heard and determined and revision take place at any time prior to 
the election ; and no person who, in respect to age and residence, would 
become entitled to vote, within the said four months, shall be excluded 
from registration on account of his want of qualification at the time of 
registration. 

Section 252. The term of office of all elective officers under this con- 
stitution shall be four years, except as otherwise provided herein. A 
general election for all elective officers shall be held on the Tuesday next 
after the first Monday of November, a.d. 1895, and every four (4) years 
thereafter; provided, the legislature may change the day and date of 
general elections to any day and date in October, November or December. 

Section 253. The legislature may by a two-thirds vote of both houses, 
of all members elected, restore the right of suffrage to any person dis- 
qualified by reason of crime ; but the reasons therefor shall be spread 
upon the journals, and the vote shall be by yeas and nays. 

ARTICLE XITI. 
apportionment. 

Section 254. The number of representatives in the lower house of the 
legislature shall be one hundred thirty-three, to be apportioned as follows": 

First — The counties of Choctaw, Covington, Greene, Hancock, Issa- 
quena, Jones, Lawrence, Leflore, Marion, Neshoba, Pearl River, Perry, 
Quitman, Scott, Sharkey, Simpson, Smith, Sunflower, Tallahatchie, 
Tishomingo, Tunica, Wayne and Webster, each shall have one represent- 
ative. 

Second — The counties of Alcorn, Amite, Attala, Bolivar, Calhoun, 
Carroll, Chickasaw, Clay, Coahoma, DeSoto, Kemper, Lafayette, Madison, 
Newton, Pike, Pontotoc, Prentiss, Rankin, Tate, Union, Wilkinson and 
Yalobusha, each shall have two representatives. 

Third — The counties of Copiah, Holmes, Marshall, Monroe, Noxubee, 
Panola, Warren and Washington, each shall have three representatives. 

Fourth — The counties of Franklin and Lincoln each shall have one 
representative and a floater between them. 

Fifth — The counties of Tippah and Benton each shall have one repre- 
sentative and a floater between them. 

Sixth — The counties of Claiborne and Jefferson each shall have one 
representative and a floater between tliem. 



xlii Constitution of the 

Seventh — The counties of Clarke and Jasper each shall have one repre- 
sentative and a floater between them. 

Eighth — The counties of Grenada and Montgomery each shall have 
one representative and a floater between them. 

Ninth — The counties of Leake and Winston each shall have one repre- 
sentative and a floater between them. 

Tenth — The counties of Harrison and Jackson each shall have one 
representative and a floater between tliem. 

Eleventh — The county of Yazoo shall have three representatives and 
the county of Hinds shall have three representatives, and they shall have 
a floater between them. 

Twelfth — The county of Lauderdale shall have three representatives, 
one to be elected by the city of Meridian, one by the county outside the 
city limits, and one by the whole county, including Meridian, 

Thirteenth — The county of Adams outside of the city of Natchez shall 
have one representative and the city of Natchez one representative. 

Fourteenth — The county of Lowndes shall have three representatives, 
two of whom shall be elected by that part of the county east of the Tom- 
bigbee river, and one by that portion of the county west of said river. 

Fifteenth — The county of Oktibbeha shall have two representatives, 
one of whom shall be elected by that portion of the county east of the 
line running north and south between ranges thirteen and fourteen, and 
the other by that portion of the county west of said line. 

Sixteenth — The county of Lee shall have two representatives, the 
county of Itawamba one, and a floater between them. 

Seventeenth — In counties divided into legislative districts, any citizen 
of the county eligible for election to the house of representatives shall be 
eligible to represent any district thereof. 

THE SENATE. 

Section 255. The number of senators shall be forty-five and are appor- 
tioned as follows : 

First — The counties of Hancock, Harrison and Jackson shall consti- 
tute the first district, and elect one senator. 

Second — The counties of Wayne, Jones, Perry and Greene the second 
district, and elect one senator. 

Third — The counties of Jasper and Clarke the third district, and elect 
one senator. 

Fourth— The counties of Simpson, Covington, Marion and Pearl River 
the fourth district, and elect one senator. 



State of Mississippi, xliii 

Fifth — The counties of Rankin and Smith the fifth district, and elect 
one senator. 

Sixth — The counties of Pike and Franklin the sixth district, and elect 
one senator. 

Seventh— The counties of Amite and Wilkinson the seventh district, 
and elect one senator. 

Eighth — The counties of Lincoln and Lawrence the eighth district, 
and elect one senator. 

Ninth— The county of Adams the ninth district, and elect one 
senator. 

Tenth — The counties of Claiborne and Jefferson the tenth district, and 
elect one senator. 

Eleventh — The county of Copiah the eleventh district, and elect one 
senator. 

Twelfth — The counties of Hinds and Warren the twelfth district, and 
elect one senator each and a senator between them, to be chosen from 
the counties alternately, beginning with Hinds. 

Thirteenth — The counties of Scott and Newton the thirteenth district, 
and elect one senator. 

Fourteenth — The county of Lauderdale the fourteenth district, and 
elect one senator. 

Fifteenth — The counties of Kemper and Winston the fifteenth district, 
and elect one senator. 

Sixteenth — The county of Noxubee the sixteenth district, and elect 
one senator. 

Seventeenth — The counties of Leake and Neshoba the seventeenth 
district, and elect one senator. 

Eighteenth — The county of Madison the eighteenth district, and elect 
one senator. 

Nineteenth — The county of Yazoo the nineteenth district, and elect 
one senator. 

Twentieth — The counties of Sharkey and Issaquena the twentieth dis- 
trict, and elect one senator. 

Twenty-first — The county of Holmes the twenty-first district, and 
elect one senator. 

Twenty-second — The county of Attala the twenty-second district, and 
elect one senator. 

Twenty-third — The counties of Oktibbeha and Choctaw the twenty- 
third district, and elect one senator. 

Twenty-fourth — The counties of Clay and Webster the twenty- fourth 
district, and elect one senator. 



xliv CONSTITUTION* OF THE 

Twenty-fifth — The county of Lowndes the twenty-fifth district, and 
elect one senator. 

Twenty-sixth — The counties of Carroll and Montgomery the twenty- 
sixth district, and elect one senator. 

Twenty-seventh — The counties of Leflore and Tallahatchie the twenty- 
seventh district, and elect one senator. 

Twenty-eighth — The counties of Yalobusha and Grenada the twenty- 
eighth district, and elect one senator. 

Twenty-ninth — The counties of Washington and Sunflower the 
twenty-ninth district ; the county of Washington shall elect one senator, 
and the counties of Washington and Sunflower a senator between them. 

Thirtieth — The county of Bolivar the thirtieth district, and elect one 
senator. 

Thirty-first — The counties of Chickasaw, Calhoun and Pontotoc the 
thirty-first district, and elect two senators ; both senators shall at no 
time be chosen from the same county. 

Thirty-second — The county of Lafayette the thirty-second district, and 
elect one senator. 

Thirty-third — The county of Panola the thirty-third district, and elect 
one senator. 

Thirty-fourth — The counties of Coahoma, Tunica and Quitman the 
thirty-fourth district, and elect one senator. 

Thirty-fifth — The county of DeSoto the thirty-fifth district, and elect 
one senator. 

Thirty-sixth — The counties of Union, Tippah, Benton, Marshall and 
Tate the thirty-sixth district, and elect three senators ; the counties of 
Tate, Marshall and Benton shall be entitled to one, not to be from the 
same county, and the counties of Union and Tippah one. 

Thirty-seventh — The counties of Tishomingo, Alcorn and Prentiss the 
thirty-seventh district, and elect one senator. 

Thirty-eighth — The counties of Monroe, Lee and Itawamba the thirty- 
eighth district, and elect two senators, one of whom shall be a resident 
of the county of Monroe, and the other a resident of Lee or Itawamba 
counties. 

Section 356. The legislature may at the first session after the State 
census of 1895, and decennially thereafter, make a new apportionment of 
senators and representatives. At each apportionment, each county then 
organized shall have at least one representative. New counties after- 
wards created shall be represented as may be provided by law, until the 
next succeeding apportionment. The counties of Tishomingo, Alcorn, 
Prentiss, Lee, Itawamba, Tippah, Union, Benton, Marshall, Lafayette, 



State of Mississippi. xlv 

Pontotoc, Monroe, Chickasaw, Calhoun, Yalobusha, Grenada, Carroll, 
Montgomery, Choctaw, Webster, Clay, Lowndes, and Oktibbeha, or the 
territory now composing them, shall together never have less than forty- 
four representatives. The counties of Attala, Winston, Noxubee, 
Kemper, Leake, Neshoba, Lauderdale, Newton, Scott, Rankin, Clarke, 
Jasper, Smith, Simpson, Copiah, Franklin, Lincoln, Lawrence, Coving- 
ton, Jones, Wayne, Greene, Perry, Marion, Pike, Pearl River, Hancock, 
Harrison and Jackson, or the territory now composing them, shall 
together never have less than forty-four representatives ; nor shall the 
remaining counties of the State, or the territory now composing them, 
ever have less than forty-four representatives. A reduction in the num- 
ber of senators and representatives may be made by the legislature if the 
same be uniform in each of the three said divisions ; but the number of 
representatives shall not be less than one hundred, nor more than one 
hundred and thirty-three ; nor the number of senators less than thirty, 
nor more than forty-five. 

ARTICLE XIV. 

GENERAL PROVISIONS. 

Section 257. The political year of the State of Mississippi shall com- 
mence on the first Monday of January in each year. 

Section 258. The credit of the State shall not be pledged or loaned in 
aid of any person, association or corporation; and the State shall not 
become a stockholdoi- in any corporation or association, nor assume, 
redeem, secure or pay any indebtedness or pretended indebtedness 
alleged to be due by the State of Mississippi, to any person, association 
or corporation whatsoever, claiming the same as owners, holders, or 
assignees of any bond or bonds, now generally known as " Union 
Bank " bonds and " Planters' Bank " bonds. 

Section 259. No county seat shall be removed unless such removal be 
authorized by two-thirds of the electors of the county voting therefor; 
but when the proposed removal shall be towards the centre of the 
county, it may be made when a majority of the electors participating in 
the election shall vote therefor. 

Section 260. No new county shall be formed unless a majority of the 
qualified electors voting in each part of the county or counties proposed 
to be dismembered and embraced in the new county shall separately 
vote therefor; nor shall the boundary of any judicial district in a county 
be changed unless at an election held for that purpose, two-thirds of 



xivi Constitution' OF the 

those voting assent thereto. The elections provided for in this and the 
section next preceding shall not be held in any county oftener than one 
in four years. No new county shall contain less than four hundred 
square miles, nor shall any existing county be reduced below that size. 

Section 261. The expenses of criminal prosecutions, except those 
before justices of the peace, shall be borne by the county in which such 
prosecutions shall be begun; and all net fines and forfeitures shall be 
paid into the treasury of such county. Defendants in cases of convic- 
tion may be taxed with the costs. 

Section 262. The board of supervisors shall have power to provide 
homes or farms as asylums for those persons, who, by reason of age, in- 
firmity, or misfortune, may have claims upon the sympathy and aid of 
society ; and the legislature shall enact suitable laws to prevent abuses 
by those having the care of such persons. 

Section 263, The marriage of a white person with a negro or mulatto, 
or person who shall have one-eighth or more of negro blood, shall be 
unlawful and void. 

Section 264. No person shall be a grand or petit juror unless a quali- 
fied elector and able to read and write ; but the want of any such quali- 
fication in any juror shall not vitiate any indictment or verdict. The 
legislature shall provide by law for procuring a list of persons so qualified, 
and the drawing therefrom of grand and petit jurors for each term of the 
circuit court. 

Section 265. No person who denies the existence of a Supreme Being 
shall hold any office in this State. 

Section 266. No person holding or exercising the rights or powers of 
any oflflce of honor or profit, either in his own right, or as a deputy, or 
while otherwise acting for or in the name, or by the authority of another, 
under any foreign government, or under the government of the United 
States, shall hold or exercise in any way the rights and powers of any 
office of honor or profit under the laws or authority of this State, except 
notaries, commissioners of deeds, and United States commissioners. 

Section 267. No person elected or appointed to any office or employ- 
ment of profit under the laws of this State, or by virtue of any ordinance 
of any municipality of this State, shall hold such office or employment 
without personally devoting his time to the performance of the duties 
thereof. 

Section 268. All officers elected or appointed to any office in this State, 
except judges and members of the legislature, shall, before entering upon 
the discharge of the duties tliereof, take and subscribe the following 
oath : 



State of Mississipi^i. xlvii 

" I do solemnly swear (or affirm) that I will faithfully 

support the constitution of the United States, and the constitution of 
the State of Mississippi, and obey the laws thereof; that I am not dis- 
qualified from holding the office of ; that I will faithfully 

discharg-e the duties of the office upon which I am about to enter. So 
help me God." 

Section 269. Every devise or bequest of lands, tenements or heredita- 
ments, or any interest therein, of freehold, or less than freehold, either 
present or future, vested or contingent, or of any money directed to be 
raised by the sale thereof, contained in any last will and testament, or 
codicil, or other testamentary writing, in favor of any religious or eccle- 
siastical corporation, sole or aggregate, or any religious or ecclesiastical 
society, or to any religious denomination, or association of persons, or to 
any person or body politic, in trust, either express or implied, secret or 
resulting, either for the use and benefit of such religious corporation, 
society, denomination or association, or for the purpose of being given 
or appropriated to charitable uses or purposes, shall be null and void, 
and the heir-at-law shall take the same property so devised or bequeathed, 
as though no testamentary disposition had been made. 

Section 270. Every legacy, gift or bequest of money or personal 
property, or of any interest, benefit or use therein, either direct, implied 
or otherwise, contained in any last will and testament or codicil, in favor 
of any religious or ecclesiastical corporation, sole or aggregate, or any 
religious or ecclesiastical society, or to any religious denomination or 
association, either for its own use or benefit, or for the purpose of being 
given or appropriated to charitable uses, shall be null and void, and the 
distributees shall take the same as though no such testamentary disposi- 
tion had been made. 

Section 271. The legislature may provide for the consolidation of 
existing counties, if a majority of the qualified electors of such counties 
voting at an election held for that purpose shall vote therefor. 

Section 272. The legislature shall provide by law, pensions for indi- 
gent soldiers and sailors who enlisted and honorably served in the Con- 
federate army or navy in the late civil war, who are now resident in this 
State, and are not able to earn a support by their own labor. Pensions 
shall also be allowed to the indigent widows of such soldiers or sailors 
now dead, when from age or disease they cannot earn a support. Pen- 
sions shall also be allowed to the wives of such soldiers or sailors upon 
the death of the husband, if disabled and indigent as aforesaid. Pen- 
sions granted to widows shall cease upon their subsequent marriage. 



xlviii Constitution vf the 



ARTICLE XV. 

AMENDMENTS TO THE CONSTITUTION. 

Section 273. Whenever two-thirds of each house of the legislature 
shall deem any change, alteration, or amendment necessary to this con- 
stitution, such proposed change, alteration or amendment shall be read 
and passed by a two-thirds vote of each house respectively, on each day, 
for three several days ; public notice shall then be given by the secretary 
of state, at least three months preceding an election, at which the quali- 
fied electors shall vote directly for or against such change, alteration or 
amendment ; and if more than one amendment shall be submitted at 
one time, they shall be submitted in sucli manner and form that the 
people may vote for or against each amendment separately ; and if it 
shall appear that a majority of the qualified electors voting shall have 
voted for the proposed change, alteration or amendment, tlien it shall 
be inserted by the next succeeding legislature as a part of this constitu- 
tion, and not otherwise. 

SCHEDULE. 

That no inconvenience may arise from the changes in the Constitution 
of this State, and in order to carry the new Constitution into complete 
operation, it is hereby declared that — 

Section 274. The laws of this State now in force, not repugnant to 
this constitution, shall remain in force until amended or repealed by the 
legislature or until they expire by limitation. All statute laws of this 
State repugnant to the provisions of this constitution, except as provided 
in the next section, three shall continue and remain in force until the 
first day of April, a.d, 1892, unless sooner repealed by the legislature. 

Section 275. All laws of this State which are repugnant to the follow- 
ing portions of this constitution shall be repealed by the adoption of this 
constitution, to wit : laws repugnant to: 

{a) All the ordinances of this convention. 

(&) The provisions of section 183, prohibiting counties, cities and 
towns from voting subscriptions to railroad and other corporations or 
associations. 

ic) The provisions of sections 223 to 226 inclusive, of Article X., pro- 
hibiting the leasing of penitentiary convicts. 

Section 270. All laws of the State which are repugnant to the provis- 



STATE OF MISSISSIPPI, xlix 

ions of sections 240 to 253 inclusive, of Article XII., on the subject of 
franchise and elections, shall be and remain in force until the first day 
of January, a.d. 1891, and no longer. 

Section 277. All laws of this State which are repugnant to the provis- 
ions of Article XIII., sections 254 to 256 inclusive, on the subject of the 
apportionment of representatives and senators in the legislature, shall 
be and remain in force until the first day of October, a.d. 1891, but no 
longer. 

Section 278. The governor shall, as soon as practicable, appoint three 
suitable persons, learned in the law, as commissioners, whose duty it shall 
be to prepare and draft such general laws as are contemplated in this 
constitution and such other laws as shall be necessary and proper to put 
into operation the provisions thereof, and as may be appropriate to con- 
form the general statutes of the State to the constitution. Said com- 
missioners shall present the same when prepared to the legislature at its 
next regular session. And the legislature shall provide reasonable com- 
pensation therefor. 

Section 279. All writs, actions, causes of action, proceedings, prosecu- 
tions and rights of individuals and bodies corporate and of the State, 
and charters of incorporation, shall continue; and all indictments which 
shall have been found, or which shall hereafter be found, and all prose- 
cutions begun, or that may be begun, for any crime or offence committed 
before the adoption of this constitution, may be proceeded with and upon 
as if no change had taken place. 

Section 280. For the trial and determination of all suits, civil and 
criminal, begun before the adoption of this constitution, the several 
courts of this State shall continue to exercise in said suits the powers 
and jurisdictions heretofore exercised by them ; for all other matters 
said courts are continued as organized courts under this constitution, 
with such powers and jurisdiction as is herein conferred on them re- 
spectively. 

Section 281. All fines, penalties, forfeitures and escheats accruing to 
the State of Mississippi under the constitution and laws heretofore in 
force shall accrue to the use of the State of Mississippi under this consti- 
tution, except as herein othefVise provided. 

Section 282. All recognizances, bonds, obligations, and all other in- 
struments entered into, or executed, before the adoption of this constitu- 
tion, to the State of Mississippi, or to any State, county, public or muni- 
cipal officer or body, shall remain binding and valid, and the rights and 
liabilities upon the same shall be continued, and may be prosecuted as 
provided by law. 



1 Constitution* OF the 

Section 288. All crimes and misdemeanors and penal actions shall be 
tried, prosecuted and punished as though no change had taken place, 
until otherwise provided by law. 

Section 284. All officers, State, district, county and municipal now in 
office in this State shall be entitled to hold the respective offices now 
held by them, except as herein otherwise provided, and until the expira- 
tion of the time for which they were respectively elected or appointed ; 
and shall receive the compensation and fees now fixed by the statute 
laws in force when this constitution is adopted. 

Section 285. The adoption of this constitution shall not have the 
effect, nor shall it be construed, to revive or put in force any law hereto- 
fore abrogated or repealed. 

This Constitution, adopted hy the people of 3Iississippi in convention 
assembled, shall be in force and effect from and after this, the first day of 
November, A.I). 1890. 



OEDINANOES. 
ELECTION ORDINANCE. 

Section 1. All ballots in all elections held in this State shall be printed 
and distributed at public expense, as hereinafter provided, and shall be 
known as " official ballots." The expense of printing all such ballots 
shall be paid out of the respective county treasuries, except that in 
municipal elections such expenses shall be paid by the respective cities 
or towns. 

Section 2. The ballots printed for use under this ordinance shall con- 
tain the names of all the candidates who have been put in nomination 
not less than fifteen days previous to the day of election, by any conven- 
tion, or other nominating body, or at a primary election of any political 
party in this State. It shall be the duty of one of the commissioners of 
election, designated for that purpose in his commission by the author- 
ity appointing said commissioner, to have printed all necessary ballots 
for use in said elections, except ballots in municipal elections, which 
shall be printed as herein provided by the authorities of the respective 
municipalities ; and said officer shall cause to be printed by a printer, 
sworn to keep secret said ballots under penalties to be prescribed by 
law, the names of all candidates so nominated, upon the written re- 
quest of any one or more of the candidates so nominated, or of any 
qualified elector who will affirm that he was a member of such con- 



, 8TATE OF MISSISSIPPI, li 

vention or other nominating body, or participant in such primary 
election, and that the name presented by him was the nominee of 
said convention or nominating body, or primary election. Said com- 
missioner shall also cause to be printed on said ballots the name of 
any qualified elector who has been requested to be a candidate for 
any office by a written petition signed by at least fifteen qualified 
electors, for any beat office or municipal office in any town of less than 
two hundred inhabitants, or fifty qualified electors for any other office, 
and when said petition or request has been presented to said com- 
missioner not less than fifteen days before the election ; but if any 
qualified elector has been nominated as aforesaid, or has been requested 
to be a candidate as above specified less than fifteen days before any 
election, then the names of such candidates shall not be printed upon 
said ballots. There shall be on said ballots one blank space under the 
title of each office to be voted for, and in the event of the death of any 
candidate whose name shall have been printed on the official ballot, the 
name of the candidate duly substituted in place of such deceased candi- 
date may be written in such blank space by the voter. 

Section 3. After the proper officer has been notified of the nomina- 
tion, as hereinbefore specified, of any candidate for office, said officer 
shall not omit the name from the ballot unless upon the written request 
of the candidate so nominated, made at least ten days before the election. 

Section 4. Every ballot printed by virtue of this ordinance shall con- 
tain the names of all candidates nominated as hereinbefore specified and 
not duly withdrawn. The arrangement of the names of all of the candi- 
dates and the order in which the titles of the various officers to be voted 
for shall be made, and the size, print and quality of the official ballot 
is left to the sound judgment of the officer charged with printing said 
ballots ; but the arrangement need not be uniform. It shall be the duty 
of the secretary of state, with the approval of the governor, to furnish 
the commissioners of the several counties a sample of an official ballot, 
the general form of which shall be followed as nearly as practicable. 
Whenever the question of a constitutional amendment or other question 
or matter, admitting of an affirmative or negative vote, is submitted to a 
vote of tlie electors, such amendment, question or matter shall be printed 
on said official ballot, together with the names of the candidates, if any, 
and also the words yea and nay, to be arranged by the proper officer so 
that the voter can intelligently vote his preference by making a cross 
mark (x) opposite the word indicating his preference ; immediately fol- 
lowing the title of each office shall be printed the words " Vote for one," 
or "Vote for two," or more according to the number to be elected. On 



lii CONSTITUTION*OF THE 

the back and outside of the ballot shall be printed " official ballot," the 
name of the voting precinct or place for which said ballot is prepared, 
and the date of the election. 

Section 5. All official ballots intended for use at any voting precinct 
or place of voting shall be fastened together in convenient numbers and 
in some secure manner, but iii such way that such ballots may be detached 
for use. A record of the number of official ballots printed and furnished 
to each voting precinct or place of voting shall be kept, and all such bal- 
lots accounted for by the officer or officers in each county charged with 
the printing of ballots. 

Section 6. The officers charged with distributing or printing and dis- 
tributing the official ballots shall ascertain from the circuit clerk or 
other proper officer, at least ten days before the day of election, the num- 
ber of registered voters in each election district, and shall also prepare 
full instructions for the guidance of electors at elections as to obtaining 
ballots, as to the manner of marking them, and as to obtaining new bal- 
lots in place of those accidentally spoiled, and such instructions shall be 
printed in large, clear type, on " cards of instruction," and said commis- 
sioners shall furnish the same insufficient numbers for the use of elect- 
ors, and said cards shall be preserved by all officers of elections as far as 
practicable, and returned by them to the commissioners of election, and 
may be used, if applicable, in subsequent elections. 

Section 7. The said commissioner of election shall appoint one or more 
deputy commissioners, from the respective election districts, and deliver 
to them the proper number of ballots and cards of instruction, not less 
than one day before the election, and the deputy commissioners so selected 
to receive said ballots shall be conservators of the peace, and shall take 
an oath, to be administered by said commissioner, faithfully to perform 
their duties, and not to attempt to guide, direct, or influence any voter in 
the exercise of his right to vote. 

Section 8. In case the official ballot prepared shall be lost or destroyed, 
or in case of the death of any candidate whose name has been printed on 
the official ballot, the said commissioner, or his deputy, shall have like 
ballots furnished in place of those lost or destroyed, if time remains 
therefor. If from any cause there should be no official ballot at a pre- 
cinct and no sufficient time in which to have them printed, such ballots 
may be written ; but if written by any one except the voter alone, for 
himself, the names of all candidates shall be written thereon without any 
special mark or device by which one name may be distinguished from 
another, and such tickets shall be marked by the voter as provided for 
printed ballots. Within three days after election day the inspectors shall 



State of Mississippi. liii 

report in writing to the commissioners of election, under oath, the loss 
of the official ballots, the number lost, and all facts connected therewith, 
which report the commissioners may deliver to the grand jury if deemed 
advisable. 

Section 9. The deputy commissioners receiving the ballots from said 
commissioner shall distribute the same to the electors of the proper dis- 
tricts in the manner herein provided ; and in case the said deputy com- 
missioner shall fail to have said ballots at the election precincts at the 
proper time, or, if there, he shall fail to distribute the same, the inspect- 
ors of election, or those of them present at the election, shall provide 
said ballots and select some suitable person to distribute the same accord- 
ing to law, who shall take the oath required to be taken by the person to 
whom the said commissioner delivered said ballots, to be administered by 
any one of said inspectors. 

Section 10. The sheriffs of the several counties in this State shall 
procure for their respective counties a sufficient number of voting com- 
partments, shelves, and tables for the use of electors, which shall be so 
arranged that it shall be impossible for one voter at one table, shelf, or 
compartment to see another voter who is preparing his ballot. The 
number of such voting shelves, tables, or compartments shall not be less 
than one for every one hundred electors at each voting precinct. Each 
shelf, table, and compartment shall be kept furnished with a card of 
instruction posted in each compartment, and proper supplies and con- 
veniences for marking the ballots by electors. 

Section 11. The deputy commissioners having the official ballots shall 
remain at a place convenient to the tables, shelves, and compartments, 
for the distribution of ballots. When requested by each of the voters, 
the deputy commissioners aforesaid shall hand him an official ballot. 

Section 12. On receiving his ballot the voter shall forthwith go into 
one of the voting compartments, and shall prepare his ballot by mark- 
ing with ink, in the appropriate margin or place, a cross (x) opposite the 
name of the candidate of his choice, for each office to be filled, or by 
fllling in the name of the candidate substituted in the blank space as 
provided therefor, and marking a cross (x) opposite thereto, and likewise 
a cross (x) opposite the answer he desires to give in case of an election 
on a constitutional amendment or other question or matter. Before leav- 
ing the voting shelf, table, or compartment, the voter shall fold his ballot 
without displaying the marks thereon, but so that the words "official 
ballot," followed by the designation of the election precinct for which 
the ballot is prepared and the date of the election, shall be visible to 
the officers of the election. He shall then cast his ballot in the manner 



liv Constitution of the 

provided by law, which shall be done without undue delay, and the voter 
shall then quit the said inclosed place as soon as he has voted. No voter 
shall be allowed to occupy a voting shelf, table, or compartment already 
occupied by another voter, nor longer than ten minutes if other voters 
are not waiting, nor longer than five minutes in case other voters are 
waiting. No person shall be allowed in the room in which said ballot 
boxes or compartments, tables, and shelves are, except the officers of elec- 
tion and the person distributing the ballots, and those appointed by the 
officers liolding the election, to aid them therein. 

Section 13. No person shall take or remove any ballot from a polling 
place before the close of the polls. If any voter spoils a ballot he may 
obtain others, one at a time, not exceeding three in all, upon returning 
each spoiled one. 

Section 14. Any voter who declares to the person or persons having 
the official ballots, that by reason of blindness or other physical disabil- 
ity he is unable to mark his ballot, shall upon request secure the assist- 
ance of said person or one of the election inspectors in the marking 
thereof ; and such person or officer shall certify on the outside of said 
ballot that it was marked with his assistance, and shall not otherwise give 
information in regard to the same. 

Section 15. If the voter marks more names than there are persons to 
be elected to an office, or if for any reason it is impossible to determine 
from the ballot the voter's choice for any office voted for, his ballot so 
cast shall not be counted. No ballot not provided in accordance with 
this ordinance shall be deposited or counted. 

Section 16. Any voter who shall, except as herein provided, allow his 
ballot to be seen by any person, or who shall make a false statement as 
to his inability to mark his ballot, or who shall place any mark upon 
his ballot by which it may be afterwards identified as the one voted by 
him, or any person who shall interfere or attempt to interfere with any 
voter when inside said inclosed space or when marking his ballot, or who 
shall endeavor to induce any voter before voting to show how he marks 
or has marked his ballot, shall be punished by a fine of not less than 
twenty-five nor more than one hundred dollars, and the election officers 
shall cause any person so doing to be arrested and carried before the 
proper officer or tribunal for commitment and trial for such offence. 

Section 17. Any commissioner of election, or any other officer or per- 
son acting as such or performing election duty, who shall wilfully or 
knowingly refuse or fail to perform the duties herein required of him, 
or who shall violate any provision of this ordinance, shall be guilty of a 
misdemeanor and be subject to a fine of not less than twenty-five nor 



State of Mississippi. Iv 

more than one hundred dollars, or to imprisonment in the county jail 
not less than ten nor more than ninety days, or both, at the discretion 
of the court. 

Section 18. The legislature shall have power to enact laws on the 
subjects of this ordinance, necessary for its efficiency, and not incon- 
sistent with its true intent and meaning. After January 1, 1896, this 
ordinance may be repealed or amended by the legislature, but shall not 
be amended so as to conflict with any provisions of this constitution. 
All laws and parts of laws in conflict with any of the provisions of this 
ordinance are hereby annulled, and this ordinance shall take effect and 
be in force from and after the first day of January, a.d. 1891. 

Section 19. The boards of supervisors of the several counties, and the 
municipal authorities of the cities and towns of the State, are authorized 
to allow reasonable compensation to officers for services under this ordi- 
nance. 

LAND COMMISSIONER ORDINANCE. 

Section 20. The legislature at its next regular session shall provide 
for the election of a land commissioner, at the general election to be held 
in 1895, whose term of office shall be four years, and whose only compen- 
sation shall be a salary to be fixed by law. He shall have charge of the 
swamp and overflowed lands, the internal improvement lands, the records 
of the office of surveyor-general turned over by the United States to this 
State, the Chickasaw school lands, the sixteenth section and indemnity 
lands for the sixteenth section outside of the Chickasaw cession, the lands 
forfeited for non-payment of taxes after the time allowed for redemption 
shall have expired, and of all other public lands and land records in this 
State not otherwise provided for. The legislature shall enact such other 
laws as shall be necessary to fully carry this ordinance into effect, and 
shall have power to abolish said office when the interests of the State 
demand it, or may add to any of the duties assigned to such officer. 

BOND ORDINANCE. 

Section 21. That the State treasurer be authorized, with the consent 
and ap[)roval of the governor, if it shall be deemed necessary, to nego- 
tiate a loan of not exceeding fifty thousand dollars, for a period of not 
more than four months, on such reasonable terms as the governor shall 
approve, for the purpose of defraying the expenses of the convention and 
for replacing moneys used for that purpose. 

Section 22. That the faith of the State be pledged for the repayment 



ivi Constitution of the 

of such loan ; and the treasurer is hereby authorized to hypothecate the 
forty-six thousand dollars of unsold bonds issued in pursuance of the 
act approved March 15, 1884, and to sell the same for the purpose of 
raising the money to pay such loan, if he and the governor shall deem 
the same necessary or proper. 

LEVEE ORDINANCES. 

Section 23. For the purpose of raising the money necessary to repair, 
elevate, strengthen, and complete the levees along the Mississippi River 
within the Mississippi levee district, composed of the counties of Bolivar, 
Washington, Issaquena, and Sharkey, and a part of Warren County, the 
board of Mississippi levee commissioners are hereby authorized to issue 
lithographed or engraved bonds to the amount of five hundred thousand 
dollars, in such form, bearing such rate of interest, and payable at such 
time, as it may determine, with coupons for interest, attached, and to 
dispose of the same from time to time as may be necessary ; but such 
bonds shall not run for a longer time than fifty years, nor bear a rate of 
interest exceeding six per centum per annum, payable semi-annually in 
the city of New York. The signatures to the said coupons may be litho- 
graphed, but all such bonds so issued shall be signed by the president of 
said board, countersigned by its treasurer with the corporate seal of the 
board attached, numbered consecutively, and registered in a book to be 
kept for that purpose. 

Section 24. The corporate organization of the board of Mississippi levee 
commissioners, and the tax herein directed to be levied, together with 
the taxes heretofore levied or authorized by the legislature for levee pur- 
poses, shall be continued to the extent and according to the terms of the 
several laws levying or authorizing said taxes until all the bonds issued 
by virtue of and under the authority contained in the preceding section 
of this ordinance are paid off and discharged ; and said taxes are pledged 
for the payment thereof and of the coupons of interest thereto attached, 
subject however to the provisions of this constitution. 

SWAMP LAND ORDINANCE. 

Section 25. Whereas, Doubts have arisen as to the title of original 
purchasers of certain swamp and overflowed lands by reason of the entry 
of said lands with the land scrip of counties other than the county in 
which said lands were situated ; and 

Whereas, By act of the legislature of the State of Mississippi approved 



State of Mississippi. . ivii 

February 17, 1890, " all persons now holding swamp lands under such 
invalid purchase shall have the right to purchase the same for a period 
of two years at the uniform price of 12^ cents per acre " upon the terms 
required by said act ; therefore 

Be it ordained that the State of Mississippi hereby waives the payment 
of said sum named in said act, and disclaims any interest or title in and 
to the said lands on account of erroneous locations thereof. 

PENITENTIARY ORDINANCE. 

Section 26. With the view of enabling the legislature at its next session 
to have before it the necessary information upon which to act, if it should 
determine to establish a penitentiary farm, it is made the duty of the 
governor to appoint five commissioners, who shall, prior to the next 
session of the legislature, carefully inspect such bodies of land as may be 
thought suitable for such location; and who shall make report to the 
governor as to the several advantages of the bodies of land inspected by 
them and as to the propriety of establishing such farm or some other 
system, and as to the advantages of each, cost, and other proper matters, 
to be laid by the governor before the legislature with such recommenda- 
tion as he may see proper to make. 

AN ORDINANCE EXTENDING TERMS OF STATE OFFICERS. 

Section 27. The terms of the following State officers, to wit : governor, 
lieutenant-governor, attorney-general, treasurer, auditor, secretary of 
state, superintendent of education, and clerk of the supreme court, are 
hereby extended until the first Monday in January, 1896 ; and vacancies 
in the offices, the terms of which are hereby extended, shall be filled by 
appointment by the governor except as otherwise provided in this con- 
stitution. 

Section 28. The persons whose terms of office are hereby extended 
shall be ineligible to immediately succeed themselves. And all bonded 
officers whose terms are hereby extended shall execute new official bonds 
on or before the date at which, but for this extension, their present terms 
of office would have expired ; and in case of any failure to execute such 
bond the office shall thereby become vacant. 

Section 29. A general election shall be held under this constitution on 
the first Tuesday after the first Monday in November, 1891, for three 
railroad commissioners and for members of the legislature, district 
attorneys, and county and county district officers, whose terms shall 
expire on the first Monday in January, a. d. 1896. 



iviii Constitution of Tsi: State of Mississippi, 

Section 30. There shall be a registration of the electors qualified 
under such provisions of this constitution which are operative prior to 
the election in 1891, and such registration shall be made by the proper 
officers, and in the manner now prescribed by law, when the same is not 
inconsistent with the provisions of the constitution operative as aforesaid, 
and when repugnant, then according to the provisions thereof. The 
board of supervisors of the several counties shall provide proper registra- 
tion books with the oath required by section 242 of this constitution. 

EXEMPTION ORDINANCE. 

Section 31. All permanent factories hereafter established in this State 
while this section is in force, for working cotton, wool, silk, furs, or 
metals, and all others manufacturing implements or articles of use in a 
finished state, shall be exempt from taxation for a period of ten years. 
Any factory which has been abandoned for not less than three years, and 
commencing operations within two years from the date of the adoption 
of this constitution, shall be entitled to such exemption. This section 
may be repealed or amended by the legislature after five years, and if 
not so repealed, shall remain in force until January 1, 1900, and no 
longer. 



07'dained in convention assembled, November 1, A.D. 1890, 



